Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 5651

[2018] FWCA 5651

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1930)

K & D Traffic Management Pty Ltd t/as Lack Group and CFMEU ACT Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 SEPTEMBER 2018

Application for variation of the K & D Traffic Management Pty Ltd t/as Lack Group and CFMEU ACT Supplementary Labour, Site Cleaning and Traffic Management Sector Agreement 2016.

1. An application has been made for approval of a variation to the K & D Traffic Management Pty Ltd t/as Lack Group and CFMEU ACT Supplementary Labour, Site Cleaning and Traffic Management Sector Agreement 2016 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. 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.

1. 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.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. The signed variation lodged with the Commission contained a typographical error at variation [1]. On 26 July 2018, the Applicant filed an amended version of the signed variation 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.

1. The copy of the Agreement as proposed to be varied lodged with the Commission contained a referencing error at clause 4.9. On 10 August 2018, the Applicant filed an amended version of this document 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.

1. In accordance with s.216 of the Act, the variation operates from 10 September 2018.

DEPUTY PRESIDENT

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