BAEC Electrical Pty Ltd

[2014] FWCA 8444

[2014] FWCA 8444

FAIR WORK COMMISSION

DECISION

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

BAEC Electrical Pty Ltd
(AG2014/9998)

BAEC ELECTRICAL PTY LTD ENTERPRISE AGREEMENT CURTIS ISLAND (2014)

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 2 DECEMBER 2014

Application for variation of the BAEC Electrical Pty Ltd Enterprise Agreement Curtis Island (2014).

[1] This matter involves an application for the Fair Work Commission (the Commission) to approve of a variation of an enterprise agreement. The application has been made pursuant to s.210 of the Fair Work Act 2009 (the Act). The application was made by BAEC Electrical Pty Ltd (the employer).

[2] The application seeks approval of a variation to the BAEC Electrical Pty Ltd Enterprise Agreement Curtis Island (2014) (the Agreement).

[3] The application was lodged at Sydney on 20 November 2014. The application included a statutory declaration of John Lydiard dated 20 November 2014 (the declaration) made on behalf of the employer. The Commission received further material in support of the application, including a statutory declaration of Matt Press, an employee representative, dated 26 November 2014, confirming that the variation to the Agreement was made on 20 November 2014.

[4] Therefore, the application was made within the 14 day time limit set by subsection 210 (3)(a) of the Act.

[5] The application seeks the approval of two variations to the Agreement which primarily involve the deletion of “HA Cert Terminations” and “HA Cert Inspector” and their respective rates as set out in the Agreement.

[6] The application for approval of a variation was listed for Hearing in Chambers before the Commission on 2 December 2014. The Commission has not been contacted by any party wishing to be heard in respect to the application.

[7] I have considered the application for approval of a variation having regard for the material filed in support of the application. In view of this material and the evidence that has been provided in the declaration, I am satisfied that the requirements of s.211 of the Act have been met.

[8] Consequently, the variation of the Agreement is approved. In accordance with s.216 of the Act, the variation to the Agreement will come into operation on and from 2 December 2014.

COMMISSIONER

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