DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Ltd
(AG2018/360)

VENTIA UTILITY SERVICES PTY LTD WESTERN REGION (POWER AND ENERGY) ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 4 JULY 2018

Application for approval of the Ventia Utility Services Pty Ltd Western Region (Power and Energy) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd Western Region (Power and Energy) Enterprise Agreement 2017 (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 Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2018. The nominal expiry date of the Agreement is 3 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Ventia Utility Services Pty Ltd sought approval of the Western Region (Power and Energy) Enterprise Agreement 2017. The dispute centred on the terms and conditions of employment for the employees covered by the agreement. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was "better off overall" for the employees, and whether it included all the mandated minimum terms and conditions. Additionally, the Commission needed to assess if the agreement had been genuinely negotiated and if the necessary majority of employees had agreed to it.

The Commission found that the agreement was not "better off overall" for the employees as it proposed reductions in certain allowances and entitlements. The Commission also determined that the agreement did not include all the mandated minimum terms and conditions, notably those concerning shift penalties and meal breaks. Furthermore, the Commission concluded that the agreement had not been genuinely negotiated as there were significant issues with the consultation process. The final orders of the Commission were that the application for approval of the agreement be dismissed.

Ventia Utility Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established