Austral Construction Pty Ltd

[2017] FWCA 3733

[2017] FWCA 3733

FAIR WORK COMMISSION

DECISION

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

Austral Construction Pty Ltd
(AG2017/2686)

AUSTRAL CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 17 JULY 2017

Application for variation of the Austral Construction Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Austral Construction Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Austral Construction Pty Ltd.

[2] The application seeks to vary Clause 15 and a copy of the variation is attached at 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 as varied. In accordance with s.213(1) of the Act I note that the undertaking is taken to be a term of the Agreement.

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

[5] As noted in [2017] FWCA 2692, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 17 July 2017.

COMMISSIONER

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Annexure A

Annexure B