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austlii:cth/FWCA/2025/2961
General information, not legal advice.
FWCA
2025-09-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Ventia Australia SA Power EA 2025
[1] An application has been made for approval of an enterprise agreement known as the Ventia Australia SA Power EA 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
[4] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
Personal/carer's leave: Clause 47 of the Agreement is silent on part time employees' entitlements regarding personal/carer's leave.
Annual leave: Clause 46.1 states that employees are entitled to 4 weeks leave accrued based on ordinary hours worked. Accordingly, it appears that if an employee works a portion of the year at part time hours, then converts to full time and takes annual leave, it may result in them getting less than 4 weeks leave.
[5] Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 9 September 2025. The nominal expiry date of the Agreement is 31 December 2027.
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