Bourke Air Pty Ltd

[2018] FWCA 7335

[2018] FWCA 7335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bourke Air Pty Ltd
(AG2018/3112)

BOURKE AIR PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 -2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 DECEMBER 2018

Application for variation of the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 -2019.

[1] An application has been made for approval of a variation to the Bourke Air Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 -2019 (the Agreement). The application was made by Bourke Air Pty Ltd 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 variation 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 copy of the Variation lodged contained an error at variation 34. On 8 November 2018, 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.

[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 3 December 2018.

DEPUTY PRESIDENT

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