Electrical & Pumping Services Australia Pty Ltd

[2014] FWCA 5245

[2014] FWCA 5245

FAIR WORK COMMISSION

DECISION

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

Electrical & Pumping Services Australia Pty Ltd
(AG2014/8468)

ELECTRICAL & PUMPING SERVICES AUSTRALIA CURTIS ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 AUGUST 2014

Application for variation of the Electrical & Pumping Services Australia Curtis Island Greenfields Agreement 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Electrical & Pumping Services Australia Pty Ltd (“the Employer”) for the approval of a variation to the Electrical & Pumping Services Australia Curtis Island Greenfields Agreement 2013 (“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 5 and replacing it as below:

“This Agreement shall operate from the date of approval of the Fair work Commission and shall have a nominal expiry of the 21 March 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 4 August 2014.

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

SENIOR DEPUTY PRESIDENT

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