DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Ltd
(AG2016/6746)

VENTIA PTY LTD CFMEU AND AMWU YALLOURN POWER STATION & OPEN CUT MINE 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Ventia Pty Ltd CFMEU and AMWU Yallourn Power Station & Open Cut Mine 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Pty Ltd CFMEU and AMWU Yallourn Power Station & Open Cut Mine 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Construction, Forestry, Mining and Energy Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being 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 these organisations.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 1 April 2010.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Utility Services Pty Ltd was the subject of an application before the Fair Work Commission. The applicants, CFMEU and AMWU, sought approval for an enterprise agreement that would apply to the employees of Ventia Pty Ltd, specifically those working at the Yallourn Power Station & Open Cut Mine. The nature of the dispute involved the terms and conditions of employment, including wages, working conditions, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for minimum terms and conditions, whether it contained any provisions that would be contrary to public policy, and whether it met the requirements for being considered a "single interest" employer agreement. The Commission also needed to assess whether the agreement had been fairly negotiated and whether the necessary processes were followed, including any required consultations and the provision of relevant information to the employees.

In its decision, the Commission found that the proposed agreement did meet the legal standards for approval. The agreement provided for minimum terms and conditions as required by the Act and did not contain any provisions that were contrary to public policy. The Commission also determined that the agreement was a "single interest" employer agreement and that it had been fairly negotiated. The applicants had followed the necessary processes, including consulting with the employees and providing them with the relevant information. Based on these findings, the Commission approved the enterprise agreement, allowing it to come into effect as per the terms outlined in the application.

The final orders of the Commission included the approval of the proposed enterprise agreement between the CFMEU and AMWU and Ventia Utility Services Pty Ltd, effective from the date specified in the application. The agreement was to govern the employment terms and conditions of the employees at the Yallourn Power Station & Open Cut Mine, subject to the provisions of the Fair Work Act and any other relevant legislation. The Commission's decision provided clarity and certainty for the parties involved, allowing the agreement to be implemented and providing a framework for the future employment relationship between the employer and the employees.

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