Ventia Utility Services Pty Limited

[2020] FWCA 4314

[2020] FWCA 4314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2020/2214)

VENTIA UTILITY SERVICES PTY LTD CFMEU AND AMWU YALLOURN POWER STATION & OPEN CUT MINE 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 AUGUST 2020

Application for approval of the Ventia Utility Services Pty Ltd CFMEU and AMWU Yallourn Power Station & Open Cut Mine 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd CFMEU and AMWU Yallourn Power Station & Open Cut Mine 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Utility Services Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 24 August 2020. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

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