HBMC Services Pty Ltd

[2018] FWCA 1123

[2018] FWCA 1123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

HBMC Services Pty Ltd
(AG2018/379)

HBMC SERVICE PTY LIMITED [ABN:86:608 210 948] (“THE COMPANY”) ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 21 FEBRUARY 2018

Application for variation of the HBMC SERVICE PTY LIMITED [ABN: 86 608 210 948] (“the Company”) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the HBMC SERVICE PTY LIMITED [ABN: 86 608 210 948] (“the Company”) Enterprise Agreement 2015-2019 (the Agreement). The application was made by HBMC Services Pty Ltd 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.

[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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 1 October 2015. Those undertakings form part of the Agreement as varied.

[6] The Agreement lodged contained an error at Schedule B: Remuneration. On 19 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 21 February 2018.

DEPUTY PRESIDENT

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