Ventia Pty Ltd
[2024] FWCA 1835
•20 MAY 2024
| [2024] FWCA 1835 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Pty Ltd
(AG2024/1372)
SYDNEY M5 MOTORWAYS VENTIA PTY LTD TRANSPORT ENTERPRISE AGREEMENT 2024
| Asphalt industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 20 MAY 2024 |
Application for approval of the Sydney M5 Motorways Ventia Pty Ltd Transport Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Sydney M5 Motorways Ventia Pty Ltd Transport Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 September 2023 and the Agreement was made on 18 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 as are relevant to this application for approval have been met.
The Australian Workers’ Union 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 of the Act, will operate from 27 May 2024. The nominal expiry date of the Agreement is 19 May 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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