Lack Group Constructions Pty Ltd T/A The Lack Group

[2016] FWCA 6649

[2016] FWCA 6649

FAIR WORK COMMISSION

DECISION

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

Lack Group Constructions Pty Ltd T/A The Lack Group
(AG2016/5612)

LACK GROUP SERVICES PTY LTD / AWU CIVIL CONSTRUCTION GREENFIELD NSW AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 SEPTEMBER 2016

Application for variation of the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Lack Group Constructions Pty Ltd T/A The Lack Group (“the Employer”) for the approval of a variation to the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016 [AE420613] (“the Agreement”). The application was lodged on 8 September 2016.

[2] The Agreement is a greenfields agreement which was endorsed by Commissioner Roe on 18 August 2016 [2016] FWCA 5816, pursuant to ss.186 and 187 of the Act. It meets the requirements of s.172(2)(b) of the Act.

[3] The Agreement was made with the Australian Workers’ Union (the “AWU”) and it covers this organisation.

[4] The effect of the variation is:

1. Delete clause 9(b) and insert the following:

“Any reference to Employee/s also includes any person or delegate the Employee/s has chosen to support or represent the Employee/s throughout this dispute prevention and settlement process.

2. Delete the last paragraph in clause 9 and insert the following:

“Any decision or outcome that is made by the FWC in any arbitration or appeal must be consistent with the Building Code 2013, or if it is replaced, any successor Code, the New South Wales Code of Practice for Procurement, the Implementation Guidelines to the New South Wales Code of Practice for Procurement: Building and Construction (July 2013), or legislative obligations.”

3. Delete the last sentence in clause 27(c).

4. Delta clause 27(d) and insert the following:

“(d) If the affected Employees appoint a representative for the purposes of consultation, and the Employee advise the Company of the identity of the representative, the Company must recognise the representative.”

[5] The AWU has filed a statutory declaration in support of the variation.

[6] It is apparent from the Employer’s statutory declaration in support of the variation that there are still no employees covered by the Agreement at the time of the application. The provisions of ss.207, 208 and 209 are therefore not relevant.

[7] It is appropriate to treat the variation as part of the greenfields agreement process.

[8] The variation is approved pursuant to s.211 as there are no serious public interest grounds for not approving the variation.

[9] The variation is approved and will come into operation on 16 September 2016.

[10] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

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