Ventia Utility Services Pty Limited

[2022] FWCA 282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Utility Services Pty Limited

(AG2021/9069)

Ventia Utility Services Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 FEBRUARY 2022

Application for approval of the Ventia Utility Services Enterprise Agreement 2021

Ventia Utility Services Pty Limited has applied for approval of a single enterprise agreement known as the Ventia Utility Services Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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 was approved on 2 February 2022 and, in accordance with s.54, will operate from 9 February 2022. The nominal expiry date of the Agreement is 2 February 2026.

For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.[1]

DEPUTY PRESIDENT

Annexure A

[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ventia Utility Services Pty Limited sought approval for the Ventia Utility Services Enterprise Agreement 2021. The application was made by the employer, a company engaged in the provision of utility services, seeking to establish terms and conditions for its employees. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and if it provided for fair and reasonable terms for the employees.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act, particularly concerning the procedural fairness and the provision of minimum entitlements to employees. The Commission also had to determine whether the agreement was consistent with the principles of the national workplace relations system, ensuring it did not undermine the rights and protections afforded to employees under the law.

The Fair Work Commission found that the application for approval was well-founded. The Commission noted that the agreement was procedurally fair and had been negotiated in good faith. It also found that the agreement provided for terms and conditions that were fair and reasonable, meeting the statutory requirements. The Commission highlighted that the agreement contained provisions for minimum entitlements, including wages, leave, and other benefits, which were in line with the national minimum standards. Based on these findings, the Commission approved the application and the Ventia Utility Services Enterprise Agreement 2021 was registered.

The final order of the Commission was the registration of the enterprise agreement, effective from the date of the decision. This registration meant that the agreement would now govern the employment conditions for the employees covered by it, subject to any further bargaining or disputes that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established