Geovert Asset Integrity Maintenance Pty Ltd

[2016] FWCA 4563

[2016] FWCA 4563

FAIR WORK COMMISSION

DECISION

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

Geovert Asset Integrity Maintenance Pty Ltd
(AG2016/1445)

GEOVERT PTY LTD GLADSTONE REGION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 7 JULY 2016

Application for variation of the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013.

[1] An application has been made for variation of the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Geovert Asset Integrity Maintenance Pty Ltd (the Employer).

[2] The Employer statutory declaration in support of the application for approval of a variation was declared by Michelle Smith, Human Resources Manager.

[3] The Australian Workers’ Union (AWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are employee organisations that are covered by the Agreement.

[4] On 1 July 2016, my Associate wrote to the AWU and AMWU on my behalf to seek their views in relation to the application. The AWU and AMWU did not provide a response to the correspondence.

[5] The application seeks to vary the Agreement to give effect to the following:

(a) The title of the Agreement;

(b) The provisions for casual employees at clause 8.4;

(c) The relevant percentage of tradesperson rates for apprentices at clause 8.5.4;

(d) The provisions for ordinary hours (day worker) within clause 9.1;

(e) The provisions for afternoon, night and overtime rates at clauses 9.3.6 to 9.3.8;

(f) The hourly wage rates at clause 21; and

(g) The classification structure at clause 22;

[6] 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 in paragraph [5] above 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.

[7] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 7 July 2016.

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

COMMISSIONER

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