Ventia Utility Services Pty Limited T/A Ventia Utility Services

[2018] FWCA 7605

[2018] FWCA 7605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited T/A Ventia Utility Services
(AG2018/5686)

VENTIA UTILITY SERVICES PTY. LTD. & ETU POWERLINE ENTERPRISE AGREEMENT - 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2018

Application for approval of the Ventia Utility Services Pty. Ltd. & ETU Powerline Enterprise Agreement - 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty. Ltd. & ETU Powerline Enterprise Agreement - 2016-2020 (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 T/A Ventia Utility Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.1.3 – casual employment;

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 is approved and, in accordance with s.54 of the Act, will operate from 21 December 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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