Empire Contracting Pty Ltd T/A Empire Contracting

[2017] FWCA 5519

[2017] FWCA 5519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Empire Contracting Pty Ltd T/A Empire Contracting
(AG2017/4344)

EMPIRE CONTRACTING PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017-2021

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 OCTOBER 2017

Application for variation of the Empire Contracting Pty Ltd and Employees Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a variation to the Empire Contracting Pty Ltd and Employees Enterprise Agreement 2017-2021 (the Agreement). The application was made by Empire Contracting Pty Ltd T/A Empire Contracting 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 Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 19 April 2017. Those undertakings form part of the Agreement as varied.

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

[8] In accordance with s.216 of the Act, the variation operates from 24 October 2017.

DEPUTY PRESIDENT

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