Dynamite Concrete Pty Ltd

[2021] FWCA 2225

[2021] FWCA 2225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Dynamite Concrete Pty Ltd
(AG2021/4380)

DYNAMITE CONCRETE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2021

Application for variation of the Dynamite Concrete Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Dynamite Concrete Enterprise Agreement 2019 (the Agreement). The application was made by Dynamite Concrete Pty Ltd (Applicant) pursuant to s.210 of the Fair Work Act 2009 (the Act). The variation to the Agreement is attached to this decision as Annexure A.

[2] The Applicant has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. Subject to these undertakings, and on the basis of the material contained in the application and accompanying 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.

[3] The Applicant provided written undertakings to meet concerns that requirements of ss.186 and 187 had not been met in relation to the original application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 10 July 2019. Those undertakings form part of the Agreement as varied.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation operates from 23 April 2021.

DEPUTY PRESIDENT

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