Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd

[2021] FWCA 2308

[2021] FWCA 2308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd
(AG2021/4410)

CAT 5 WA ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 APRIL 2021

Application for variation of the Cat 5 WA Enterprise Agreement 2020.

[1] An application has been made for approval of a variation to the Cat 5 WA Enterprise Agreement 2020 (the Agreement). The application was made by Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd pursuant to s 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] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted, and the Agreement was approved on 23 July 2020. Those undertakings form part of the Agreement as varied.

[5] The Applicant provided the Commission with an amended Form F23A – Employer’s declaration in support of a variation of an enterprise agreement (Form F23A), which corrected a typographical error contained in the original Form F23A. The amended Form F23A was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the amended Form F23A, and that it is appropriate to do so pursuant to s 586.

[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 27 April 2021.

DEPUTY PRESIDENT

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