Ventia Utility Services Pty Limited

[2022] FWCA 2953

[2022] FWCA 2953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Utility Services Pty Limited

(AG2022/3324)

Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2022

Water, sewerage and drainage services
COMMISSIONER WILSON	MELBOURNE, 26 AUGUST 2022

Application for approval of the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2022

1. An application has been made for approval of an enterprise agreement known as the Victorian Desalination Plant Operation & Maintenance (AMWU, CEPU & AWU) Agreement, 2022 (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.

1. 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.

1. 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.

1. Employees were provided with details of vote on 11 July 2022 and voting commenced on 18 July 2022, which is during the access period and not by the start of it as required by s.180(3) of the Act. However, all eligible employees cast a valid vote. I am satisfied this constitutes a minor procedural or technical error for the purpose of s.188(2)(a) and that the employees covered by the Agreement are not likely to be disadvantaged by the error.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

1. 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.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517198  PR745217>

Annexure A