Everett Smith & Co Pty Ltd

[2021] FWCA 6768

[2021] FWCA 6768

FAIR WORK COMMISSION

DECISION

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

Everett Smith & Co Pty Ltd
(AG2021/6642)

EVERETT-SMITH & CO PTY LTD ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 NOVEMBER 2021

Application for variation of the Everett-Smith & Co Pty Ltd Enterprise Agreement 2021

[1] An application has been made for approval of a variation to the Everett-Smith & Co Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made by Everett Smith & Co Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (Cth) (the Act).

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

[3] 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 affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] 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 5 May 2021. Those undertakings form 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 29 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511344  PR735965>

ANNEXURE A

ANNEXURE B