HBMC Services Pty Limited

[2015] FWCA 7712

[2015] FWCA 7712

FAIR WORK COMMISSION

DECISION

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

HBMC Services Pty Limited
(AG2015/5944)

HARDY BROS MINING & CONSTRUCTIONS PTY LTD [ABN 55 108 050 308] ("THE COMPANY") ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 NOVEMBER 2015

Application for variation of the Hardy Bros Mining & Constructions Pty Ltd [ABN 55 108 050 308] ("the Company") Enterprise Agreement 2015-2019.

[1] On 23 October 2015, an application was made for a variation pursuant to s.210 of the Fair Work Act 2009 (the Act) to vary an enterprise agreement known as the Hardy Bros Mining & Constructions Pty Ltd [ABN 55 108 050 308] ("the Company") Enterprise Agreement 2015-2019 (the Agreement). The application was made by HBMC Services Pty Limited, the new employing entity.

[2] The application involves amendments to clauses 1 and 42 of the Agreement. The effect is to re-name the Agreement to HBMC SERVICE PTY LIMITED [ABN:86 608 210 948] (“the Company”) Enterprise Agreement 2015-2019.

[3] I conducted a telephone conference with the representatives of the employer on 9 November 2015.

[4] Employees of the previous employer have been transferred to the new employer with a guarantee that their wages and conditions, and entitlements and continuity will be maintained. The transmission of business provisions apply but in the interests of clarity, the variation to the Agreement was submitted to employees for approval.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act, as relevant to this application for approval, have been met.

[6] A copy of the consolidated agreement, as amended is attached to this decision.

[7] The variation is approved, and in accordance with s.216 of the Act will operate from 10 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Appearances:

R. Baonzeaand K. Oxm for HBMC Services Pty Ltd.

Hearing details:

2015

Sydney:

November 9.

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