John Beever (Aust.) Pty Limited T/A John Beever Australia

[2021] FWCA 797

[2021] FWCA 797

The attached document replaces the document previously issued with the above code on 19 February 2021.

The Media Neutral Citation has been inserted at the top of the decision.

Agreements Team

For Deputy President Masson

Dated 19 February 2021

[2021] FWCA 797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

John Beever (Aust.) Pty Limited T/A John Beever Australia
(AG2021/88)

JOHN BEEVER (AUST) PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 FEBRUARY 2021

Application for variation of the John Beever (AUST) Pty Ltd Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of a variation to the John Beever (Aust) Pty Ltd Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made by John Beever (Aust.) Pty Limited T/A John Beever Australia 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 27 September 2017. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation 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 17 February 2021.

DEPUTY PRESIDENT

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