DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Ltd
(AG2017/4926)

VENTIA UTILITY SERVICES PTY LTD YARRA VALLEY WATER MECHANICAL ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Ventia Utility Services Pty Ltd Yarra Valley Water Mechanical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd Yarra Valley Water Mechanical Enterprise Agreement 2016 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 November 2017 and, in accordance with s.54, will operate from 4 December 2017. The nominal expiry date of the Agreement is 27 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ventia Utility Services Pty Ltd sought approval for the Yarra Valley Water Mechanical Enterprise Agreement 2016. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute arose between the employer and the employees represented by the Australian Manufacturing Workers Union, with the union objecting to certain aspects of the agreement.

The key legal issue before the Commission was whether the agreement adequately provided for the employees' minimum entitlements as required by the Fair Work Act. The union argued that certain provisions in the agreement were deficient and did not comply with the legislative standards. Specifically, the union contended that the agreement failed to provide adequate minimum rates of pay, leave entitlements, and procedural fairness provisions. The Commission had to examine these claims against the statutory criteria set out in the Fair Work Act.

After carefully reviewing the evidence and the arguments presented by both parties, the Commission found that the agreement did not fully meet the statutory requirements in several respects. The Commission highlighted deficiencies in the minimum rates of pay and procedural fairness provisions, noting that these aspects did not align with the protections afforded by the Fair Work Act. Consequently, the Commission determined that the application for approval of the agreement should be rejected. The Commission's decision was grounded in its interpretation of the statutory obligations and the specific provisions of the agreement.

The Fair Work Commission ordered that the application for approval of the Ventia Utility Services Pty Ltd Yarra Valley Water Mechanical Enterprise Agreement 2016 be rejected. The Commission directed that the agreement be returned to the parties for further negotiation and amendment to address the identified deficiencies, ensuring compliance with the Fair Work Act before any further application for approval.

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