austlii:cth/FWCA/2025/4037
General information, not legal advice.
FWCA
2025-11-28
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
VENTIA VICTORIAN DEPARTMENT OF COMMUNITY JUSTICE AND COMMUNITY SAFETY ASSET MANAGEMENT ENTERPRISE AGREEMENT 2025
Application for approval of the Ventia Victorian Department of Community Justice and Community Safety Asset Management Enterprise Agreement 2025 - approved
[1] Ventia Australia Pty Limited has applied for approval of an enterprise agreement known as the Ventia Victorian Department of Community Justice and Community Safety Asset Management Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I observe that the clause 32 of the Agreement, which provides for compassionate leave, may be inconsistent with s104(1)(c) of the Act as it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Clause 4.2 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Employer has provided written 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.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 December 2025.
[7] Despite clause 3.1 of the Agreement and on accordance with s186(5), the nominal expiry date of the Agreement is 27 November 2029.
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