Ventia Utility Services Pty Limited
[2024] FWCA 4717
•31 DECEMBER 2024
| [2024] FWCA 4717 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ventia Utility Services Pty Limited
(AG2024/4382)
VENTIA UTILITY SERVICES PTY LTD ETU YALLOURN
Power Station & Open Cut Mine 2024.
| Electrical power industry | |
| COMMISSIONER WILSON | MELBOURNE, 31 DECEMBER 2024 |
Application for approval of the Ventia Utility Services Pty Ltd ETU YallournPower Station & Open Cut Mine 2024.
An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd ETU Yallourn Power Station & Open Cut Mine 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 Utility Services Pty Limited. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 29 November 2023 and the Agreement was made on 25 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 CEPU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2025. The nominal expiry date of the Agreement is 31 January 2027.
COMMISSIONER
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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