Bitu-mill Services Pty Ltd T/A Bitu-mill

[2018] FWCA 1835

[2018] FWCA 1835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bitu-mill Services Pty Ltd T/A Bitu-mill
(AG2018/246)

BITU-MILL SERVICES PTY LTD (PROFILING DIVISION) A.W.U VICTORIA ASPHALT AGREEMENT 2015 TO 2018

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MARCH 2018

Application for variation of the Bitu-Mill Services Pty Ltd (Profiling Division) A.W.U Victoria Asphalt Agreement 2015 to 2018.

[1] An application has been made for approval of a variation to the Bitu-Mill Services Pty Ltd (Profiling Division) A.W.U Victoria Asphalt Agreement 2015 to 2018 (the Agreement). The application was made by Bitu-mill Services Pty Ltd T/A Bitu-mill pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.210(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 28 March 2018.

DEPUTY PRESIDENT

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