DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Ltd
(AG2016/6732)

VENTIA PTY LTD ETU YALLOURN POWER STATION & OPEN CUT MINE 2016

Electrical power industry
COMMISSIONER ROE	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Ventia Pty Ltd ETU 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 ETU 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 Electrical Trades Union 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 was approved on 17 November 2016 and, in accordance with s.54, will operate from 24 November 2016. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

Ventia Utility Services Pty Ltd recently came before the Fair Work Commission in a matter concerning the approval of an enterprise agreement. The dispute arose between Ventia Utility Services, an employer, and its employees, who were represented by the Electrical Trades Union (ETU). The case was about the proposed enterprise agreement, specifically the terms and conditions it would impose on the employees at the Yallourn Power Station and Open Cut Mine. The Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the requirements for approval under the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with procedural requirements. Specifically, the Commission needed to ensure that the agreement provided for appropriate dispute resolution mechanisms and did not unfairly disadvantage any employee or group of employees.

In examining the agreement, the Commission noted that it had been negotiated in good faith and included all the prescribed minimum terms and conditions. The Commission also found that the agreement provided for effective dispute resolution mechanisms and did not contain any terms that would unfairly disadvantage employees. Given these findings, the Commission approved the enterprise agreement, concluding that it met the statutory requirements for approval. The decision emphasised the importance of balancing the rights and interests of both employers and employees while ensuring compliance with legislative standards.

The final orders of the Commission were that the proposed enterprise agreement between Ventia Utility Services and the Electrical Trades Union be approved, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between the parties moving forward, subject to the ongoing obligations and protections provided under the Fair Work Act.

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