McConnell Dowell Constructors (Aust) Pty Ltd

[2013] FWCA 4781

[2013] FWCA 4781

FAIR WORK COMMISSION

DECISION

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

McConnell Dowell Constructors (Aust) Pty Ltd
(AG2013/1549)

MELBOURNE AIRPORT GREENFIELDS SITE SPECIFIC AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 JULY 2013

Application for variation of the Melbourne Airport Greenfields Site Specific Agreement 2011-2014 - agreement varied.

[1] An application has been made for approval of a variation of the Melbourne Airport Greenfields Site Specific Agreement 2011-2014 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by McConnell Dowell Constructors (Aust) Pty Ltd.

[2] The application was made within 14 days after the variation was made and was accompanied by a signed copy of the variation, a copy of the agreement as proposed to be varied and declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B).

[3] Both the signed copy of the variation and the copy of the agreement initially provided did not include the addresses of the signatories as required under regulation 2.09A of the Fair Work Regulations 2009. These were provided to chambers on 27 June 2013.

[4] I am satisfied that each of the requirements of s.211 of the Act, as are relevant to this application for approval have now been met.

[5] Evidence of compliance with the statutory requirements for variation of the agreement within s.211 of the Act was provided by way of the Employer’s Declaration (Form F23A) and confirmed by the Construction, Forestry, Mining and Energy Union, which is covered by the agreement, in the Declaration of Employee Organisation (Form F23B) for support of the approval of the variation of the agreement.

[6] The application is approved and a copy of the document entitled Variation to Melbourne Airport Greenfields Site Specific Agreement 2011-2014 is at Attachment A and the consolidated copy of the agreement, as varied, is attached to this decision.

[7] Pursuant with s.216 of the Act the variation will come into force from 18 July 2013.

SENIOR DEPUTY PRESIDENT

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Attachment A