DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2015/7505)

VENTIA UTILITY SERVICES PTY LIMITED QUEENSLAND ELECTRICITY SUPPLY INDUSTRY CONTRACTORS ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2016

Application for approval of the Ventia Utility Services Pty Limited Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Limited Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 - 2018 (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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2016. The nominal expiry date of the Agreement is 30 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Utility Services Pty Limited applied for the approval of the Ventia Utility Services Pty Limited Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 - 2018. The applicant sought the Fair Work Commission's (FWC) approval of the agreement, which had been registered by the Australian Building and Construction Commission. The decision concerned the interpretation and application of the Fair Work Act 2009, particularly provisions related to enterprise agreements.

The legal issues in the case revolved around whether the agreement met the requirements of section 172 of the Fair Work Act, which mandates that an enterprise agreement must provide for a fair and efficient means of determining wages and other conditions of employment. The applicant argued that the agreement contained provisions that ensured a fair and efficient determination of wages and conditions. The respondent contested that certain provisions did not adequately safeguard employees' rights and interests.

The FWC examined the agreement clause by clause, focusing on the provisions for wage determination, dispute resolution, and other employment conditions. The Commission found that while the agreement contained some provisions that could be considered fair and efficient, there were certain clauses that did not sufficiently protect employees' rights. Despite these concerns, the FWC concluded that the overall agreement provided for a fair and efficient means of determining wages and other conditions of employment, and approved the agreement. The Commission also imposed conditions to address specific concerns raised during the hearing.

In summary, the FWC approved the enterprise agreement with conditions to address specific concerns. The decision highlights the importance of ensuring that enterprise agreements provide fair and efficient means of determining wages and conditions of employment. The conditions imposed by the FWC demonstrate the Commission's commitment to protecting employees' rights and interests.

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