Conplant Pty Ltd

[2016] FWCA 4306

[2016] FWCA 4306

FAIR WORK COMMISSION

DECISION

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

Conplant Pty Ltd
(AG2016/1591)

CONPLANT PTY LTD ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 JUNE 2016

Application for variation of the Conplant Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a variation of the Conplant Pty Ltd Enterprise Agreement 2013 – 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Conplant Pty Ltd. The application was lodged on 21 June 2016.

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot and the requirements of s.211 have been satisfied.

[3] The application seeks to vary the Agreement as follows:

(a) At Clause 1.1 “Title of Agreement” the title of the Agreement will be known as the Conplant Pty Ltd Enterprise Agreement 2013 – 2017.

(b) In Clause 1.2 “Agreement Index”, at 9.0 “Schedules” pages 34 to 36 have been renumbered 36 to 40.

(c) At Clause 1.5 “Commencement date, period of operation and coverage” the nominal expiry date is changed from 30 June 2016 to 27 May 2017.

(d) At Clause 2.2.1 “Consultation in respect workplace change” the clause has been updated to reflect the requirement for consultation, not only in respect of major change, but also in respect of change to the regular roster or ordinary hours of work of employees.

(e) At Clause 3.1 “Wages and Allowance Increases – Fixed and Variable” the following has been inserted:

“Year 3 (Financial Year Ending 30 June 2017)
(m) No fixed or variable increases.”

Subsequent paragraphs in Clause 3.1 have been renumbered to reflect this insertion.

[4] The variation was approved by a majority of employees, in accordance with s.209 on 20 June 2016.

[5] The variation to the Agreement is approved and will come into operation from 30 June 2016.

[6] The consolidated agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

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