Ventia Australia Pty Ltd

[2024] FWCA 3317

[2024] FWCA 3317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/3064)

VENTIA DEFENCE BASE SERVICES (LAND MANAGEMENT, TRANSPORT AND RANGE OPERATIONS) VICTORIA ENTERPRISE AGREEMENT 2024

Gardening services
COMMISSIONER TRAN	MELBOURNE, 19 SEPTEMBER 2024

Application for approval of the Ventia Defence Base Services (Land Management, Transport and Range Operations) Victoria Enterprise Agreement 2024

1. Ventia Australia Pty Ltd has applied for approval of an enterprise agreement known as Ventia Defence Base Services (Land Management, Transport and Range Operations) Victoria Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. The Australian Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

1. The Agreement is approved. Despite Clause 4 of the Agreement and in accordance with s 54 of the Act, will operate from 26 September 2024.

1. In accordance with Clause 4, the nominal expiry date of the Agreement is 18 September 2027.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities

1. The Applicant made joint submissions with the Australian Workers’ Union explaining that during bargaining, Clause 32.5 of the Agreement was agreed to be inserted. Clause 32.5 was then inadvertently left out of the draft Agreement circulated during the access period. Both the Applicant and the AWU submitted that Clause 32.5 should be included and I should vary the Agreement under s 218A to do so.

1. The Applicant provided a copy of the Agreement, inclusive of Clause 32.5, with its application to the Commission.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 26 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A