Ventia Australia Pty Ltd

[2022] FWCA 1968

[2022] FWCA 1968

The attached document replaces the document previously issued with the above code on 16 June 2022.

Annexure A at page 3 has been replaced.

Associate to Deputy President Dean

Dated 17 June 2022

[2022] FWCA 1968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2022/1732)

Ventia and UFU VIC and NSW Fire and Rescue Enterprise Agreement 2022

Fire fighting services
DEPUTY PRESIDENT DEAN	CANBERRA, 16 JUNE 2022

Application for approval of the Ventia and UFU VIC and NSW Fire and Rescue Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as the Ventia and UFU VIC and NSW Fire and Rescue 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 T&C Services Pty Ltd T/A Programmed Industrial Maintenance (Employer). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights issued to the employees referred to the title of the Agreement as the “Ventia (Australia) Pty Limited VIC/NSW and UFU Fire and Rescue Enterprise Agreement 2021”, rather than the title of the Agreement filed with the Commission. Nevertheless, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(2).

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking 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. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is 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. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE516292  PR742698>

Annexure A