Ventia Utility Services Pty Limited
[2024] FWCA 4437
•12 DECEMBER 2024
| [2024] FWCA 4437 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Utility Services Pty Limited
(AG2024/4417)
VENTIA UTILITY SERVICES PTY LTD CFMEU AND AMWU YALLOURN POWER STATION & OPEN CUT MINE 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 12 DECEMBER 2024 |
Application for approval of the Ventia Utility Services Pty Ltd CFMEU and AMWU Yallourn Power Station & Open Cut Mine 2024 – s.218A variation to correct or amend obvious error.
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 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Ventia Utility Services Pty Limited. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry and Maritime Employees Union (CFMEU), 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.
The application for approval of the Agreement was accompanied by an application to vary the proposed Agreement pursuant to s.218A of the Act, to correct an obvious error in the proposed Agreement. The variation sought was to correct in the ‘Parties Bound’ clause of the Agreement (Clause 2) the reference to ‘Construction, Forestry, Mining & Energy Union (CFMEU) (C&G Division)’, which should read ‘Construction, Forestry and Maritime Employees Union (CFMEU) (C&G Division)’. I am satisfied the incorrect legal name of the CFMEU in clause 2 is an obvious error and I will amend the Agreement accordingly pursuant to s.218A of the Act.
The Agreement was approved on 12 December 2024 and, in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 31 January 2027.
DEPUTY PRESIDENT
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