AllRoads Solutions Pty Ltd

[2020] FWCA 2731

[2020] FWCA 2731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

AllRoads Solutions Pty Ltd
(AG2020/1259)

ALLROADS SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 10 JUNE 2020

Application for variation of the Allroads Solutions Pty Ltd Enterprise Agreement 2019.

[1] An Application has been made for a variation of the Allroads Solutions Pty Ltd Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the AllRoads Solutions Pty Ltd (the Applicant).

[2] The variation sought to amend clause 6.8 of the Agreement to state “the employees will be paid fortnightly by electronic funds transfer.” The Applicant submitted that following a downturn of business due to Covid-19, the Applicant was required to reassess their business costs. It was submitted that the variation sought was essential to maintain the company’s financial viability during this difficult time.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, having been involved in the bargaining of the Agreement, confirmed that they did not seek to express a view in relation to this variation application.

[4] I note that the signatory for the authorised witness has not supplied a complete address in the F23A statutory declaration. I recognise that this raises the issue that the statutory declaration has not been witnessed by an authorised witness for the purposes of rule 25(1) of the Fair Work Rules. I am satisfied that compliance with rule 25(1) can be dispensed in accordance with rule 6 of the Fair Work Rules.

[5] I am satisfied that each of the requirements of ss. 210 and 211 of the Act as are relevant to this Application for approval have been met, that is; that a signed copy of the variation was provided by the Applicant; copy of the Agreement as proposed to be varied was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation.

[6] The Application is approved. A consolidated copy of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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