Ventia Utility Services Pty Limited

[2022] FWCA 3350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Utility Services Pty Limited

(AG2022/3934)

Ventia Utility Services Pty Ltd & AMWU Victorian Water Mechanical Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the Ventia Utility Services Pty Ltd & AMWU Victorian Water Mechanical Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd & AMWU Victorian Water Mechanical Enterprise Agreement 2022 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), 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.

The Agreement was approved on 30 September 2022 and, in accordance with s.54, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) recently considered an application for the approval of the Ventia Utility Services Pty Ltd & AMWU Victorian Water Mechanical Enterprise Agreement 2022. The application was brought by the Australian Manufacturing Workers' Union (AMWU) and sought the Commission's approval of the enterprise agreement. The dispute involved the terms and conditions of employment for workers within the mechanical sector employed by Ventia Utility Services.

The primary legal issues before the FWC were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith. Specifically, the FWC needed to determine whether the agreement was free from any elements of coercion or undue influence, and whether it provided for fair and reasonable terms and conditions of employment. The FWC also had to assess whether the agreement met the criteria for "registered" status under the Fair Work Act, including whether it covered a genuine enterprise and that it did not have an adverse effect on the availability or price of goods or services.

In reaching its decision, the FWC carefully reviewed the process by which the agreement was negotiated and concluded that it was made in good faith and without any element of coercion or undue influence. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment and that it did not have an adverse effect on the availability or price of goods or services. The FWC also concluded that the agreement covered a genuine enterprise and that it complied with the other requirements for registration under the Fair Work Act. Based on this, the FWC approved the enterprise agreement and registered it under the Fair Work Act.

The FWC's decision is an important reminder of the importance of ensuring that enterprise agreements are negotiated in good faith and provide for fair and reasonable terms and conditions of employment. Employers and unions should take note of the FWC's reasoning in this case when negotiating future enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established