Fredon Industries Pty Ltd T/A Fredon

[2021] FWCA 2972

[2021] FWCA 2972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fredon Industries Pty Ltd T/A Fredon
(AG2021/4995)

FREDON INDUSTRIES PTY LIMITED & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 25 MAY 2021

Application for variation of the Fredon Industries Pty Limited & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Fredon Industries Pty Limited & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made by Fredon Industries Pty Ltd T/A Fredon 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 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 31 October 2019. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms 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 25 May 2021.

COMMISSIONER

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