Ventia Utility Services Pty Limited

[2015] FWC 7336

[2015] FWC 7336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees

Ventia Utility Services Pty Limited
(AG2015/5234)

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 27 OCTOBER 2015

Application for an order relating to instruments covering new employer and non-transferring employees .

[1] Ventia Utility Services Pty Limited (the Applicant) has made an application pursuant to s.318 of the Fair Work Act 2009 (the Act) for an order that the Sydney Water Enterprise Agreement 2012 (the Agreement) (a transferrable instrument within the meaning of s.312 of the Act) will not apply in relation to the employment of Jeff Oehlamm, Graeme Bell and Dennis Dalla Fontana (the transferring employees).

[2] The transferring employees were employed by the Sydney Water Corporation and the Agreement covered Sydney Water Corporation and the employees. The work performed by the employees is transferring work and the employees transferred employment to the Applicant. The Agreement does not otherwise cover the Applicant.

[3] I have considered the views of the Applicant and the employees concerned and the matters set out in s.318(3) of the Act. In particular I am satisfied that the employees do not wish to continue to be covered by the Agreement and that the employees will not be disadvantaged by the granting of the application. I have taken into account the material provided by the Applicant in support of its application. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.318(3) of the Act, support the making of the order.

[4] An order to this effect, PR573336 will be issued with this decision.

COMMISSIONER

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