Downer EDI Engineering Projects Pty Ltd

[2013] FWCA 465

[2013] FWCA 465

FAIR WORK COMMISSION

DECISION

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

Downer EDI Engineering Projects Pty Ltd
(AG2012/14391)

DOWNER EDI ENGINEERING RAVENSWORTH COAL MINE CONSTRUCTION PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2011

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 21 JANUARY 2013

Application for approval of the Downer EDI Engineering Ravensworth Coal Mine Construction Project Union Collective Greenfield Agreement 2011.

[1] An application has been made for approval of a variation of the Downer EDI Engineering Ravensworth Coal Mine Construction Project Union Collective Greenfield Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Downer EDI Engineering Projects Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Attachment A.

[2] The Agreement was approved on 14 March 2011, with a nominal expiry date of 31 December 2013.

[3] I note that variation was made on 11 December 2012. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] In addition to Form F23-Application for Approval of Variation of Enterprise Agreement, the Employer provided to the Tribunal statutory declarations, from Mr Steven Murphy, Assistant State Secretary, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), Mr Richard Downie, Branch Secretary, The Australia Worker’s Union (AWU), Mr Brian Parker, State Secretary, Construction, Forestry, Mining and Energy Union (CFMEU) and Mr Paul Sinclair, Assistant Secretary, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) in support of the application for approval of variation to the Agreement.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 21 January 2013.

COMMISSIONER

Attachment A

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<Price code C, AE884623  PR533358>