AE Smith & Sons Pty Ltd

[2018] FWCA 374

[2018] FWCA 374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

AE Smith & Sons Pty Ltd
(AG2017/5982)

A E SMITH & SONS TASMANIA CONSTRUCTION ENTERPRISE AGREEMENT 2016 - 2018

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 18 JANUARY 2018

Application for variation of the A E Smith & Sons Tasmania Construction Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of a variation to the A E Smith & Sons Tasmania Construction Enterprise Agreement 2016 - 2018 (the Agreement). The application was made by AE Smith & Sons Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 14 November 2016. Those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 18 January 2018.

DEPUTY PRESIDENT

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<AE422174  PR599639>