Ventia Utility Services Pty Limited
[2022] FWCA 282
•2 FEBRUARY 2022
| [2022] FWCA 282 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Utility Services Pty Limited
(AG2021/9069)
Ventia Utility Services Enterprise Agreement 2021
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 2 FEBRUARY 2022 |
Application for approval of the Ventia Utility Services Enterprise Agreement 2021
Ventia Utility Services Pty Limited has applied for approval of a single enterprise agreement known as the Ventia Utility Services Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.
Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.
The Agreement was approved on 2 February 2022 and, in accordance with s.54, will operate from 9 February 2022. The nominal expiry date of the Agreement is 2 February 2026.
For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.[1]
DEPUTY PRESIDENT
Annexure A
[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.
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