Charles Porter and Sons Pty Ltd

[2017] FWCA 930

[2017] FWCA 930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Charles Porter and Sons Pty Ltd
(AG2016/7310)

PORTERS ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER SPENCER	BRISBANE, 20 FEBRUARY 2017

Application for variation of the Porters Enterprise Agreement 2013.

[1] An Application has been made for a variation of the Porters Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Employer, Charles Porter and Sons Pty Ltd.

[2] The variation sought to insert the following clause; “During the nominal term of this PEA, the wage rates applicable for each of the respective classifications levels will be increased on 1 October in 2015 and 2015 only (the Set Rate Increase). The Set Rate Increase in 2014 and 2015 will be 2.50% and there will be no further Set Wage Increase under this PEA” (at page 4). Subject to the undertakings provided regarding the 2016 wage increase.

[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 have been met, that is; that a signed copy of the variation was provided by the Applicant; copy of the Agreement as proposed to be varied was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation.

[4] The Application is approved with the undertaking provided and a copy of the variation can be found at Annexure A to this Decision. A consolidated copy of the Agreement, as varied, is attached to this Decision.

[5] Pursuant with s.216 of the Act, the variation will operate from 20 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE406728  PR590266>

ANNEXURE A