austlii:cth/FWCA/2025/3657
General information, not legal advice.
FWCA
2025-11-06
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
VENTIA AND AWU EASTLINK MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2025
Application for approval of the Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2025
[1] Ventia Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2025 (the Agreement).
[2] 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.
[3] Clause 22.2 of the Agreement relating to notice requirements for personal and carer's leave, may be inconsistent with the National Employment Standards (NES) as it is a more stringent notice requirement than as provided in s.107(2)(a) of the Act.
[4] However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2025. The nominal expiry date of the Agreement is 30 June 2028.

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