Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd
[2024] FWCA 696
•23 FEBRUARY 2024
| [2024] FWCA 696 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd
(AG2024/302)
VENTIA WEST GATE TUNNEL PROJECT & ETU ENTERPRISE AGREEMENT 2021 – 2025
| Electrical contracting industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 23 FEBRUARY 2024 |
Application for approval of the Ventia West Gate Tunnel Project & ETU Enterprise Agreement 2021 – 2025
An application has been made for approval of an enterprise agreement known as the Ventia West Gate Tunnel Project & ETU Enterprise Agreement 2021 – 2025 (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 T/A Ventia Australia Pty Ltd. The Agreement is a single enterprise agreement.
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.
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.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.
The Agreement is approved and in accordance with s.54, will operate from 1 March 2024. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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Annexure A
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