Dexalaw Pty Ltd T/A Hanchard Crane Hire

[2015] FWCA 5178

[2015] FWCA 5178

FAIR WORK COMMISSION

DECISION

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

Dexalaw Pty Ltd T/A Hanchard Crane Hire
(AG2015/3761)

DEXALAW PTY LTD T/A HANCHARD CRANE HIRE AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 JULY 2015

Application for variation of the Dexalaw Pty Ltd t/a Hanchard Crane Hire and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Dexalaw Pty Ltd T/A Hanchard Crane Hire for the approval of a variation to the Dexalaw Pty Ltd t/a Hanchard Crane Hire and CFMEU Union Collective Agreement 2011-2015 (“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. By deleting clause 17.1 and replacing it as follows:

17.1 Employees must be paid wages in accordance with Appendix 1 from the first full pay period after the dates specified. Those rates include the following increases:

2.5% from the 1^st July 2011 plus;
2.5% from the 1^st January 2012 plus;
2.5% from the 1^st July 2012 plus;
2.5% from the 1^st January 2013 plus;
5% from the 1^st July 2013 plus;
5% from the 1^st July 2014 plus;

B. At Appendix 1, in both wages tables, by deleting the far right columns, both headed “1/07/2015”

[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 30 July 2015.

[6] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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