Danica Carpentry Pty Ltd

[2015] FWCA 346

[2015] FWCA 346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Danica Carpentry Pty Ltd
(AG2014/10250)

DANICA CARPENTRY PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JANUARY 2015

Fair Work Act 2009 s.210 - Application for variation of the Danica Carpentry Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011 - 2014 – agreement varied

[1] On 11 December 2014, Danica Carpentry Pty Ltd (Danica), applied under s.210 of the Fair Work Act 2009 (the Act) for the approval of a variation of the Danica Carpentry Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 1 (the Agreement). The parties bound by the Agreement, as approved on 31 July 20122 are Danica, the Construction, Forestry, Mining and Energy Union (CFMEU) and the employees of Danica.

[2] The variation made by the parties, as per Attachment A to this decision, limits the application of the Agreement, so that it does not cover, or apply to, employees on the Brookfield Place Tower Two Project.

[3] I am satisfied that had an application been made under s.185 of the Act for the approval of the agreement a proposed to be varied, I would have been required to approve the agreement under s.186 of the Act. The variation does not alter the nominal expiry date of the Agreement. There are no serious public interest grounds for not approving the variation.

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

[5] Having regard to the approval requirements in ss.211(1) and 211(2) of the Act I am satisfied that I must approve the variation.

[6] The variation will operate from 16 January 2015.

SENIOR DEPUTY PRESIDENT

Attachment A

 1   AE895633

 2   [2012] FWAA 6312

Printed by authority of the Commonwealth Government Printer

<Price code J, AE895633  PR560061>