Elite Roads Pty Ltd

[2020] FWCA 2042

[2020] FWCA 2042

FAIR WORK COMMISSION

DECISION

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

Elite Roads Pty Ltd
(AG2020/845)

ELITE ROADS PTY LTD (PROFILING) ENTERPRISE AGREEMENT 2018 TO 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 APRIL 2020

Application for variation of the ELITE ROADS Pty Ltd (Profiling) Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of a variation to the ELITE ROADS Pty Ltd (Profiling) Enterprise Agreement 2018 to 2021 (the Agreement). The application was made by Elite Roads Pty Ltd 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 provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 January 2019. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[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 22 April 2020.

DEPUTY PRESIDENT

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