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[7]
austlii:cth/FWCA/2026/557
General information, not legal advice.
FWCA
2026-03-06
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Ventia AGFMA (SA) Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Ventia AGFMA (SA) Enterprise Agreement 2024 (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] The Applicant has provided written undertakings, a copy of which 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.
[3] 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.
[4] Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that patterns of work which may cause casual employees to work public holidays in isolation are not reasonably foreseeable. I accept the submissions of the Employer. For completeness, I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.
[5] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in clause 36A of the Building and Construction General On-Site Award 2020 is taken to be a term of the Agreement.
[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 13 March 2026. The nominal expiry date of the Agreement is 6 March 2030.
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