VENTIA (MILLMERRAN POWER STATION) ENTERPRISE AGREEMENT 2025

Application for approval of the Ventia (Millmerran Power Station) Enterprise Agreement 2025

[1] This decision deals with an application made for approval of an enterprise agreement known as the Ventia (Millmerran Power Station) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ventia Australia Pty Ltd T/A Ventia (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has raised the following issue with the Agreement, which it asserts to be obvious errors, defects or irregularities:

• The headings of the Apprentices Pay Rate Table at Appendix 4 incorrectly repeat the heading "Year 10 or less" across the table instead of progressing to "Year 11" at the second column, to "Year 12" at the third column, and to "Adult Apprenticeship" at the fourth column.

The Employer has provided an updated copy of the Agreement which corrected this error. The bargaining representatives are aware of the Applicant's submissions and have not raised any objection. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

[3] The Agreement does not contain a delegates' rights term that is no less favourable than the Manufacturing and Associated Industries and Occupations Award 2020 (relevant modern award), pursuant to s.205A, and, on that basis, the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 25 will have no effect.

[4] The Applicant 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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.

[6] Pursuant to s.190(3) of the Act, I accept the undertakings.

[7] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[8] I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 14.2 - Maximum weekly hours.

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.

[9] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU/ETU) have both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CEPU/ETU.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act from 17 April 2026. The nominal expiry date of the Agreement is 22 December 2028.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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