DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited t/a Ventia Utility Services
(AG2015/7559)

VENTIA UTILITY SERVICES (SYDNEY WATER TRADES AND APPRENTICES) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Ventia Utility Services (Sydney Water Trades and Apprentices) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services (Sydney Water Trades and Apprentices) Enterprise Agreement 2015 (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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ventia Utility Services Pty Limited, trading as Ventia Utility Services, applied for approval of the Ventia Utility Services (Sydney Water Trades and Apprentices) Enterprise Agreement 2015. The application was made under section 235 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as a modern award, including provisions on wages, conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement complied with the legislative requirements and if it appropriately balanced the interests of the employees and the employer. This involved scrutiny of the agreement's provisions concerning wages, hours of work, leave, and dispute resolution procedures. The Commission also considered the extent to which the agreement facilitated flexibility and productivity in the workplace.

The Commission determined that the enterprise agreement met the necessary criteria for approval. It found that the agreement contained provisions that provided for fair and reasonable wages and conditions, and that it included appropriate mechanisms for resolving disputes. The Commission was satisfied that the agreement achieved a fair balance between the interests of the employees and the employer, and that it would promote flexibility and productivity. The agreement was therefore approved under section 235 of the Fair Work Act 2009.

The Commission made an order approving the Ventia Utility Services (Sydney Water Trades and Apprentices) Enterprise Agreement 2015, effective from the date of the decision. This decision provides certainty for both Ventia Utility Services and its employees, ensuring that the agreement is legally binding and can be implemented in the workplace.

Ventia Utility Services Pty Limited t/a Ventia Utility Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established