Ventia Australia Pty Ltd

[2023] FWCA 2422

[2023] FWCA 2422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2023/2473)

AG2023/2473 - VENTIA (BOTANY INDUSTRIAL PARK & OTHER SITES-NSW) ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 7 AUGUST 2023

Application for approval of the Ventia (Botany Industrial Park & Other Sites-NSW) Enterprise Agreement 2023

1. Ventia Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Ventia (Botany Industrial Park & Other Sites – NSW) Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought.  They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant.  No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. I note that clause 36.5 of the Agreement provides that severance pay is not payable where the employer finds suitable alternative employment and that the provision is not subject to an application to the Fair Work Commission in accordance with s 120 of the Act. However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them.  In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 7 August 2023 and, in accordance with s 54, will operate from 14 August 2023.  The nominal expiry date of the Agreement is 27 January 2026.

COMMISSIONER

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Annexure A