GH Varley Pty Ltd T/A Varley Power Services

[2016] FWCA 4379

[2016] FWCA 4379

The attached document replaces the document previously issued with the above code on 1 July 2016.

By inserting a new clause [3] to reflect the redaction of wage rates in the published agreement and renumbering the following paragraphs to [4], [5], [6] and [7].

On behalf of Commissioner Roe

Dated 8 July 2016

[2016] FWCA 4379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GH Varley Pty Ltd T/A Varley Power Services
(AG2016/3597)

G H VARLEY POWER SERVICES SITE ENTERPRISE AGREEMENT 2016 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 JULY 2016

Application for the approval of the G H Varley Power Services Site Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the G H Varley Power Services Site Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GH Varley Pty Ltd T/A Varley Power Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The applicant provided the Commission with a copy of the agreement containing wage rates as voted on by employees. Upon request by the applicant the wage rates contained within the published agreement have been redacted.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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