Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure

[2017] FWCA 5339

[2017] FWCA 5339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure
(AG2017/4339)

DOWNER EDI WORKS PTY LTD NORTH SYDNEY ROAD MAINTENANCE (PSMC) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 OCTOBER 2017

Application for variation of the Downer EDI Works Pty Ltd North Sydney Road Maintenance (PSMC) Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to the Downer EDI Works Pty Ltd North Sydney Road Maintenance (PSMC) Enterprise Agreement 2013 (the Agreement). The application was made by Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] 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.

[5] 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.

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

[7] In accordance with s.216 of the Act, the variation operates from 16 October 2017.

DEPUTY PRESIDENT

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