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

[2017] FWCA 2737

[2017] FWCA 2737

FAIR WORK COMMISSION

DECISION

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

FK Gardner & Sons Pty Ltd T/A FK Gardner & Sons
(AG2017/1585)

FK GARDNER & SONS GROUP ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 25 MAY 2017

Application for variation of the FK Gardner & Sons Group Enterprise Agreement 2014.

[1] An application has been made for variation of the FK Gardner & Sons Group Enterprise Agreement 2014 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by FK Gardner & Sons Pty Ltd T/A FK Gardner & Sons (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Hayley Hubbard, Group Manager – Human Resources of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 25 May 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A