Badge Constructions (QLD) Pty Ltd

[2015] FWCA 4257

[2015] FWCA 4257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Badge Constructions (QLD) Pty Ltd
(AG2015/3560)

EVANS HARCH | BADGE ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 JUNE 2015

Application for variation of the Evans Harch | Badge Enterprise Agreement 2012.

[1] This application is made by Badge Constructions (QLD) Pty Ltd (“the Company”) to vary the Evans Harch | Badge Enterprise Agreement 2012 (“the Agreement”) pursuant to s.217 of the Fair Work Act 2009 (“the Act”) to remove ambiguity or uncertainty. The uncertainty relates to the naming of the employer in the Agreement.

[2] In this regard, the Act provides as follows:

217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

[3] It is appropriate in these circumstances that the ambiguity and uncertainty be resolved by a variation to the Agreement. The Agreement will be varied by:

(a) Deleting sub clause 3.2; and
(b) Replacing it with new sub clause 3.2:

3.2 “The Company” or “The Employer” means Badge Constructions (QLD) Pty Ltd.

[4] Unless the variation is effected, prospective employees may be misled as to the identity of their legal employer, and businesses with which the employer enters contracts or conducts business may fall into confusion as to the employer party with whom they are dealing. For these reasons, I have found the relevant term to have become ambiguous or uncertain.

[5] The consolidated version of the Agreement, as varied, is attached to this decision.

[6] This variation under s.217(1) of the Act operates from the date of this decision.

SENIOR DEPUTY PRESIDENT

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