Fredon ACT Pty Ltd T/A Fredon Electrical

[2020] FWCA 1011

[2020] FWCA 1011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fredon ACT Pty Ltd T/A Fredon Electrical
(AG2019/4180)

FREDON ACT PTY LTD CONSTRUCTION ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2020

Application for variation of the Fredon ACT Pty Ltd Construction Enterprise Agreement 2018-2022.

[1] An application has been made for approval of a variation to the Fredon ACT Pty Ltd Construction Enterprise Agreement 2018-2022 (the Agreement). The application was made by Fredon ACT Pty Ltd T/A Fredon Electrical 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] 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. The undertakings are taken to be a term of the Agreement.

[4] 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.

[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 28 February 2019. Those undertakings have been incorporated into the Agreement as Varied through the variation to the Agreement.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.210(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 26 February 2020.

DEPUTY PRESIDENT

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