Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

[2023] FWCA 167

[2023] FWCA 167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

(AG2022/5373)

VENTIA DEFENCE STORES STORE OPERATIONS WA ENTERPRISE AGREEMENT 2022

Storage services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 18 JANUARY 2023

Application for approval of the Ventia Defence Stores Store Operations WA Enterprise Agreement 2022

1. Ventia Australia Pty Ltd has applied for approval of an enterprise agreement known as the Ventia Defence Stores Store Operations WA Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 as are relevant to this application for approval have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 9.3.5 – Casual Employment;

·   Clause 23 – Public Holidays;

·   Clause 25.2.3 – Evidence requirements;

·   Clause 25.5.1 – Use of annual leave;

·   Clause 26 – Compassionate Leave;

·   Clause 31.1.5 – Notice of termination by employer;

·   Clause 31.2.2 – Notice of termination by employee; and

·   Clause 32.6.1 – Redundancy – Employees exempted.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 24 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518915  PR749752>

Annexure A