Ventia Australia Pty Ltd

[2022] FWCA 3192

[2022] FWCA 3192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2022/3633)

Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2022

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 14 SEPTEMBER 2022

Application for approval of the Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2022 (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.

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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. The Australian Workers’ 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, will operate from 21 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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<AE517420  PR745809>

Annexure A