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

[2018] FWCA 1834

[2018] FWCA 1834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bitu-mill Services Pty Ltd T/A Bitu-mill
(AG2018/254)

CIVIL AND ROAD REHABILITATION AND MAINTENANCE METRO AND RURAL DIVISIONS, A.W.U VICTORIA MAINTENANCE AGREEMENT 2015 TO 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MARCH 2018

Application for variation of the Civil And Road Rehabilitation And Maintenance Metro And Rural Divisions, A.W.U Victoria Maintenance Agreement 2015 to 2018.

[1] An application has been made for approval of a variation to the Civil And Road Rehabilitation And Maintenance Metro And Rural Divisions, A.W.U Victoria Maintenance 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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

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

DEPUTY PRESIDENT

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<AE417651  PR601574>