Ventia Australia Pty Ltd T/A Ventia
[2022] FWCA 1777
•31 MAY 2022
| [2022] FWCA 1777 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Australia Pty Ltd T/A Ventia
(AG2022/1498)
Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 31 MAY 2022 |
Application for approval of the Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
Based on the statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am satisfied that The Australian Workers’ Union was a bargaining representative for the Agreement. I note that the Agreement covers The Australian Workers’ Union.
I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.
I am satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 June 2022. The nominal expiry date of the Agreement is 31 March 2026.
DEPUTY PRESIDENT
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Annexure A
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