Crown Electrical Pty Ltd

[2015] FWCA 4807

[2015] FWCA 4807

FAIR WORK COMMISSION

DECISION

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

Crown Electrical Pty Ltd
(AG2015/3756)

CROWN ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2012

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 JULY 2015

Application for variation of the Crown Electrical Pty Ltd Single Enterprise Agreement 2012.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Crown Electrical Pty Ltd for the approval of a variation to the Crown Electrical Pty Ltd Single Enterprise Agreement 2012 (“the Agreement”).

[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 was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

A. At sub clause 3.2, by amending the nominal expiry date of the Agreement from 30 June 2015 to 30 June 2016.

B. At sub clause 5.1.4, by deleting the sub clause and replacing as below:

5.1.4 The rates of pay will be adjusted by 2% on a bi-annual basis in accordance with Schedule B of this Agreement. The wage rates applicable from 01 April 2015 (as contained in Schedule B) will remain in place from the certification of the variation of this agreement, for the remaining life of the agreement.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 15 July 2015.

[6] A consolidated copy of the Agreement (including the undertakings provided to the Commission by the employer at the time the Agreement was approved) is attached to this decision.

SENIOR DEPUTY PRESIDENT

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