Foraco Australia Pty Ltd T/A Foraco Australia

[2016] FWCA 4771

[2016] FWCA 4771

FAIR WORK COMMISSION

DECISION

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

Foraco Australia Pty Ltd T/A Foraco Australia
(AG2016/1781)

FORACO AUSTRALIA ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER CLOGHAN	PERTH, 29 JULY 2016

Application for variation of the Foraco Australia Enterprise Agreement 2013.

[1] This is an application by Foraco Australia Pty Ltd trading as Foraco Australia (Applicant) for approval of a variation of an enterprise agreement.

[2] The enterprise agreement is the Foraco Australia Enterprise Agreement 2013 (Agreement).

[3] The application is made pursuant to s.210 of the Fair Work Act 2009 (FW Act).

[4] In support of the application, the Applicant has provided:

• Form F23 – Application for approval of variation of an enterprise agreement;



• Form F23A – Employer’s statutory declaration in support of variation of an enterprise agreement; and



• signed copy of the varied agreement.

[5] Pursuant to s.211 of the FW Act, the Agreement is varied as follows.

[6] Delete page 22 headed “Hourly Rate of Pay (On Site Drilling Rate)” and insert in lieu new page 22 headed “Hourly Rate of Pay (On Site Drilling Rate)” as per the Schedule A attached.

[7] A majority of employees who cast a valid vote, voted to approve the variations on 1 July 2016.

[8] The variations are operative from 29 July 2016.

[9] A consolidated version of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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SCHEDULE A