DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Ventia Utility Services Pty Limited
(AG2016/4603)

THIESS SERVICES ENVIRONMENTAL OPERATIONS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 SEPTEMBER 2016

Application for variation of the Thiess Services Environmental Operations Enterprise Agreement 2014.

[1] On 21 July 2016 an application was made for approval of a variation to an enterprise agreement known as the Thiess Services Environmental Operations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Ventia Utility Services Pty Limited (the Applicant). The Agreement is a single enterprise agreement which has, as its nominal expiry date, 30 September 2017.

[2] Simply put, Ventia Utility Services Pty Ltd (Ventia) is the successor employer to Thiess Services Pty Limited.

[3] The application and the accompanying statutory declaration by Mr Shane Kennedy of Ventia reveal that:

● The variation was approved by a vote of the five employees covered by the Agreement on 18 July 2016. Four employees voted in favour of the variation.

● The vote was preceded by consultation and explanation of the variation.

● The variation is intended to provide more detail in the descriptors and advancement mechanisms in the classification structure.

[4] Some confusion was created as to the precise terms of the variation sought and approved by the employees as a result of the documents lodged by Ventia.

[5] Accordingly, I conducted a hearing on 16 August 2016.

[6] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval have been met.

[7] The variation makes numerous detailed additions to the T5 Classification Structure table which is within Clause “9.3 Appendix 3 Classification Structure” and which appears on pages 47, 48 and 49 of the Agreement, as approved by the Commission on 23 April 2015. In the interests of clarity, the variation deletes clause 9.3 in its entirety and substitutes the revised clause in full.

[8] The variation is approved and in accordance with s.216 of the Act, will operate from the date of this decision.

[9] A copy of the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Ventia Utility Services Pty Limited for a variation of the Thiess Services Environmental Operations Enterprise Agreement 2014. The application was made before the Fair Work Commission, which is responsible for regulating workplace relations and ensuring the enforcement of modern awards and enterprise agreements. The dispute arose when Ventia sought to modify certain provisions of the existing agreement to implement changes in the working conditions and remuneration for employees covered by the agreement.

The legal issues before the Commission included whether the proposed changes were consistent with the statutory requirements for varying an enterprise agreement and whether the process followed was procedurally fair. The primary focus was on whether the application complied with section 232 of the Fair Work Act 2009, which sets out the conditions under which an enterprise agreement can be varied. The Commission also had to consider whether the changes were in the interests of the employees, as mandated by section 232(2) of the Act.

In its decision, the Commission examined the application and the submissions from both Ventia and the unions representing the employees. It assessed the procedural fairness of the application and the merits of the proposed changes. The Commission concluded that the application met the statutory requirements and that the process was procedurally fair. It further determined that the proposed changes were in the best interests of the employees, taking into account the need for flexibility and competitiveness in the industry. Consequently, the Commission approved the variation of the enterprise agreement as sought by Ventia.

The Commission issued an order approving the variation of the Thiess Services Environmental Operations Enterprise Agreement 2014, as proposed by Ventia. The order specified the changes that would be incorporated into the agreement, effective from the date of the decision. This outcome allowed Ventia to implement the necessary changes to the working conditions and remuneration, while ensuring that the employees' interests were protected within the statutory framework.

Ventia Utility Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established