Ventia Pty Limited T/A Ventia Utility Services Pty Limited

[2015] FWCA 7245

[2015] FWCA 7245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Ventia Pty Limited T/A Ventia Utility Services Pty Limited
(AG2015/6416)

THIESS SERVICES (MELBOURNE METRO WATER O&M) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 OCTOBER 2015

Application for variation of the Thiess Services (Melbourne Metro Water O&M) Enterprise Agreement 2014.

[1] An application has been made to vary an enterprise agreement known as the Thiess Services (Melbourne Metro Water O&M) Enterprise Agreement 2014 (the Agreement) to remove an ambiguity or uncertainty. The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary clause 4.5.2 and Appendix 2, wherein provision is made for a Leading Hand allowance.

[3] I have had regard to the relevant Full Bench authorities including The Australian Meat Industry Employees Union v Golden Cockerel Pty Limited 1 and Jiang Shen Cia trading as French Accent v Do Rozario.2

[4] I have considered the material provided by Ventia Utility Services Pty Limited in support of its application and the concurrence of The Australian Workers’ Union with the application.

[5] I am satisfied that the clause is ambiguous and uncertain and, pursuant to s.217 of the Act, I determine that the Agreement is varied by deleting clause 4.5.2 and Appendix 2.

[6] In accordance with s.217(2) of the Act, the variation operates on and from 13th October 2014. The consolidated agreement, as varied, is attached to this decision.

COMMISSIONER

 1   [2014] FWCFB 7447.

 2   [2011 FWA 3003.

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