Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd
[2023] FWCA 506
•20 FEBRUARY 2023
| [2023] FWCA 506 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd
(AG2023/219)
Ventia (Rail Infrastructure Maintenance Services - AL) Enterprise Agreement
| Rail industry | |
| COMMISSIONER SPENCER | BRISBANE, 20 FEBRUARY 2023 |
Application for approval of the Ventia (Rail Infrastructure Maintenance Services - AL) Enterprise Agreement
An application has been made for approval of an enterprise agreement known as the Ventia (Rail Infrastructure Maintenance Services - AL) Enterprise Agreement (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 Applicant). The Agreement is a single enterprise agreement.
Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.
The Australian Rail Tram and Bus Industry Union (RTBU) 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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2023. The nominal expiry date of the Agreement is 30 June 2024.
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