Ventia Australia Pty Ltd
[2024] FWCA 1681
•8 MAY 2024
| [2024] FWCA 1681 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Australia Pty Ltd
(AG2024/1418)
APPLICATION FOR APPROVAL OF THE VENTIA AND THE UNITED FIREFIGHTERS’ UNION OF AUSTRALIA SA BRANCH FIRE AND RESCUE ENTERPRISE AGREEMENT 2023
| Defence support | |
| COMMISSIONER LEE | MELBOURNE, 8 MAY 2024 |
Application for approval of the Ventia and the United Firefighters’ Union of Australia SA Branch Fire and Rescue Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Ventia and the United Firefighters’ Union of Australia SA Branch Fire and Rescue Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Australia Pty Ltd. The Agreement is a single enterprise agreement.
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.
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.
The United Firefighters’ Union of Australia 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.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 26.1.3 – Personal Leave.
However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2024. The nominal expiry date of the Agreement is 14 February 2027.
COMMISSIONER
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