Ventia (Australia) Pty Limited

[2023] FWCA 1407

[2023] FWCA 1407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Ventia (Australia) Pty Limited

(AG2023/509)

CONFLUENCE WATER JV ENTERPRISE AGREEMENT 2022

COMMISSIONER P RYAN SYDNEY, 17 MAY 2023

Application for variation of the Confluence Water JV Enterprise Agreement 2022

1. Ventia (Australia) Pty Ltd (Applicant) has made an application for a variation of the Confluence Water JV Enterprise Agreement 2022 (Agreement) pursuant to s.210 of the Fair Work Act 2009 (FW Act).

1. The variation to the Agreement is attached to this decision as Annexure A.

Signed Copy of the Variation

1. The application was not accompanied by a signed copy of the variation, as required by s.210(2)(a) of the FW Act. The Applicant subsequently provided a signed copy of the variation.

1. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Late Lodgement

1. Section 210(3) of the FW Act states that an application for approval of a variation of an enterprise agreement must be made ‘within 14 days after the variation is made’, or if in all the circumstances the Commission considers it fair to extend that period, within such further period as the Commission allows.

1. The application was filed on 3 March 2023 and stated that the variation was made on 2 February 2023. The application was therefore lodged 15 days outside of the 14 day period. The Applicant submitted the delay was attributable to arrangements made for the variation to be signed.

1. Having regard to all of the circumstances, I consider it fair to exercise my discretion under s.210(3)(b) of the FW Act to extend the time for the application to be made until 3 March 2023. An order to that effect will be issued with this decision.

Section 212 Undertakings

1. The employers covered by the Agreement have provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

Sections 211 and 212

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

1. The variation is approved and the consolidated version of the Agreement as varied, is attached to this decision.

Operative Date

1. In accordance with s.216 of the FW Act, the variation operates from 17 May 2023.

COMMISSIONER

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