Ventia Australia Pty Ltd

[2024] FWCA 1949

[2024] FWCA 1949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/1365)

VENTIA (AIRTRAIN CUSTOMER SERVICE) ENTERPRISE AGREEMENT 2023

Rail industry
COMMISSIONER TRAN	MELBOURNE, 30 MAY 2024

Application for approval of the Ventia (Airtrain Customer Service) Enterprise Agreement 2023

1. Ventia Australia Pty Ltd has applied for approval of an enterprise agreement known as the Ventia (Airtrain Customer Service) Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the 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. 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.

1. I note that Clause 25(b) may be inconsistent with the National Employment Standards as the clause imposes more stringent notice requirements than those required by s 107 of the Act. Given the undertaking provided by the Employer, the notice requirements at s 107 of the Act will apply.

1. Subject to the undertakings and other matters 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 Rail, Tram and Bus Industry 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 June 2024.

1. In accordance with Clause 5, the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A