Avopiling Management (Qld) Pty Ltd
[2017] FWCA 6009
•15 DECEMBER 2017
| [2017] FWCA 6009 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Avopiling Management (Qld) Pty Ltd
(AG2017/5150)
Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019
| Building, metal and civil construction industries | |
| Commissioner Hunt | BRISBANE, 15 DECEMBER 2017 |
Application for variation of the Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.
An application has been made for variation of the Avopiling Management (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Avopiling Management (Qld) Pty Ltd (Avopiling).
Avopiling filed a statutory declaration in support of the application which was declared by Avetic Tevanlan, Director.
The variation can be found at Annexure A to this decision.
On 14 November 2017 undertakings were provided by Avopiling. Pursuant to s.212 of the Act, I accept Avopiling’s undertakings. In accordance with s.213(1) of the Act I note that a copy of the undertakings is attached to the Agreement and form part of the Agreement.
Subject to the undertakings referred to above, 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. Of particular note, I am satisfied that the variations at Annexure A together with the undertakings provided by Avopiling, continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.
The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 15 December 2017.
The consolidated version of the Agreement, as varied, is attached to this decision.
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Annexure A
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