ALE Heavylift (Australia) Pty Ltd

[2018] FWCA 7289

[2018] FWCA 7289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ALE Heavylift (Australia) Pty Ltd
(AG2018/3523)

ALE HEAVYLIFT (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 DECEMBER 2018

Application for variation of the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by ALE Heavylift (Australia) 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] 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.

[4] 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.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 January 2017. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 14 December 2018.

DEPUTY PRESIDENT

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