Benmax Pty Ltd T/A Benmax
[2017] FWCA 4072
•4 AUGUST 2017
| [2017] FWCA 4072 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Benmax Pty Ltd T/A Benmax
(AG2017/3113)
BENMAX PTY LTD ENTERPRISE AGREEMENT 2016–2019
Plumbing industry | |
COMMISSIONER MCKINNON | MELBOURNE, 4 AUGUST 2017 |
Application for variation of the Benmax Pty Ltd Enterprise Agreement 2016-2019.
[1] An application has been made for approval of a variation to an enterprise agreement known as the Benmax Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Benmax Pty Ltd T/A Benmax
[2] The application seeks to vary Clauses 9.1, 15.5, 26.4, 26.5 and Appendix 3. 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 undertakings are 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] The Agreement lodged contained an error at Clause 1. On 3 August 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[6] As noted in [2016] FWCA 7056, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[7] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 4 August 2017.
COMMISSIONER
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Annexure A
Annexure B
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