Civmec Construction & Engineering Pty Ltd

[2018] FWCA 6725

[2018] FWCA 6725

FAIR WORK COMMISSION

DECISION

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

Civmec Construction & Engineering Pty Ltd
(AG2018/5710)

CIVMEC CONSTRUCTION & ENGINEERING PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 31 OCTOBER 2018

Application for variation of the Civmec Construction & Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Civmec Construction & Engineering Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Civmec Construction & Engineering Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer filed a statutory declaration in support of the application which was declared by Daniel Flight, Senior HR and IR advisor of the Employer.

[3] The variation can be found at Attachment 1 to this decision.

[4] The matter was listed for an e-hearing on Monday 29 October 2018. No objection to the variation was received by the Commission.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I am satisfied that the variation at Attachment 1 continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 31 October 2018.

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

COMMISSIONER

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Attachment 1