FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons

[2017] FWCA 4981

[2017] FWCA 4981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons
(AG2017/3678)

FKG GROUP SOLUTION PARTNERS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2017

Application for variation of the FKG Group Solution Partners Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the FKG Group Solution Partners Enterprise Agreement 2014 (the Agreement). The application was made by FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons 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 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 25 September 2017.

DEPUTY PRESIDENT

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ANNEXURE A

ANNEXURE B