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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ventia Utility Services Pty Limited, trading as Ventia Utility Services, the applicant sought approval for a proposed enterprise agreement under the Fair Work Act 2009. The dispute arose when the applicant, a company providing utility services, and the Electrical Trades Union (ETU), representing the employees, entered into a new enterprise agreement for the period 2016 to 2020. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it complied with the procedural requirements of the Fair Work Act and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the enterprise agreement adhered to the procedural requirements outlined in the Fair Work Act. This involved examining whether the agreement was made in good faith and whether it contained the necessary terms and conditions as stipulated by the legislation. Additionally, the Commission had to consider whether the agreement was likely to result in improved conditions for the employees and whether it complied with the Australian National Minimum Wage and Award provisions.

The Fair Work Commission found that the enterprise agreement met all procedural requirements and contained appropriate terms and conditions for the employees. The Commission was satisfied that the agreement was made in good faith and that it was in the best interests of the employees. The agreement was deemed to provide improved conditions and met all legislative requirements. Consequently, the Commission approved the proposed enterprise agreement for the period 2016 to 2020.

The Fair Work Commission approved the Ventia Utility Services Pty Limited and ETU Powerline Enterprise Agreement for the period 2016 to 2020. The decision was made on the basis that the agreement was made in good faith, contained appropriate terms and conditions, and was in the best interests of the employees. The Commission further found that the agreement met all legislative requirements and provided improved conditions for the employees.

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