DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2016/3159)

VENTIA PTY LTD WESTERN REGION (ELECTRICAL DIVISION) ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Ventia Pty Ltd Western Region (Electrical Division) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Pty Ltd Western Region (Electrical Division) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Utility Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ventia Utility Services Pty Limited for the approval of the proposed Ventia Pty Ltd Western Region (Electrical Division) Enterprise Agreement 2015. The dispute centred on whether the agreement, which had been negotiated between the employer and the union representing the employees, met the necessary criteria for approval under the Fair Work Act 2009. The Commission, in this instance, was required to assess the fairness and appropriateness of the terms outlined within the proposed agreement.

The central legal issues addressed by the Commission were whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, whether it adhered to the procedural requirements set forth in the Fair Work Act, and whether the agreement complied with the 'better off overall test'. This test ensures that no employee would be worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to consider if the agreement was made in good faith and whether it included appropriate mechanisms for dispute resolution.

In delivering its decision, the Commission thoroughly examined the proposed agreement, taking into account the submissions from both Ventia and the union. The Commission concluded that the agreement met all the statutory requirements and was fair and reasonable. It was found to be made in good faith and provided for terms and conditions that were no less favourable than those previously in place, thus satisfying the 'better off overall test'. Furthermore, the agreement included adequate provisions for dispute resolution, aligning with the statutory requirements. Consequently, the Commission approved the agreement, and it was set to operate from 29 June 2016, with a nominal expiry date of 30 June 2017.

The final orders of the Commission were that the Ventia Pty Ltd Western Region (Electrical Division) Enterprise Agreement 2015 be approved as of 22 June 2016, with the effective date of operation set for 29 June 2016. The nominal expiry date of the agreement was confirmed as 30 June 2017. This decision effectively settled the dispute, allowing the agreement to govern the terms and conditions of employment for the specified period.

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