Ventia Utility Services Pty Limited Summary

[2022] FWCA 2953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Utility Services Pty Limited

(AG2022/3324)

Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2022

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 26 AUGUST 2022

Application for approval of the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2022

An application has been made for approval of an enterprise agreement known as the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) 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.

Employees were provided with details of vote on 11 July 2022 and voting commenced on 18 July 2022, which is during the access period and not by the start of it as required by s.180(3) of the Act. However, all eligible employees cast a valid vote. I am satisfied this constitutes a minor procedural or technical error for the purpose of s.188(2)(a) and that the employees covered by the Agreement are not likely to be disadvantaged by the error.

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 Australian Workers Union 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 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 matter under consideration in Ventia Utility Services Pty Limited involves an application for the approval of the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2022. The dispute arose between Ventia Utility Services Pty Limited, the employer, and the Australian Manufacturing Workers' Union (AMWU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMU), and the Australian Workers' Union (AWU), the unions representing the employees. The application was heard by the Fair Work Commission.

The primary legal issue that the Fair Work Commission was required to decide was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for approval, including whether it was a "single-enterprise agreement" and whether it provided for the appropriate minimum terms and conditions of employment. The Commission also had to consider whether the agreement had been genuinely agreed upon by the parties and whether it complied with the provisions of the Act regarding the disclosure of information and the protection of employee rights.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission concluded that the agreement was a single-enterprise agreement and that it provided for the appropriate minimum terms and conditions of employment. The Commission also found that the agreement had been genuinely agreed upon by the parties and that it complied with the relevant provisions of the Fair Work Act. Therefore, the Commission approved the agreement, which will now be binding on all employees covered by it.

The final orders of the Fair Work Commission were that the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2022, be approved as a single-enterprise agreement and that it be registered with the Commission. The agreement will now be binding on all employees covered by it, and any disputes that arise under the agreement will be governed by its terms.

Ventia Utility Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established