Miles Electrical Pty Ltd

[2015] FWCA 8566

[2015] FWCA 8566

FAIR WORK COMMISSION

DECISION

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

Miles Electrical Pty Ltd
(AG2015/6727)

MILES ELECTRICAL PTY LTD STOCKLANDS HERVEY BAY ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 DECEMBER 2015

Application for variation of the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Miles Electrical Pty Ltd for the approval of a variation to the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016 (“the Agreement”).

[2] The variation includes renaming the Agreement to be the Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016.

[3] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[4] The Agreement is varied as follows:

A. The title page is amended to reflect the updated Agreement name, being “Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016”.

B. At clause 2.1, by amending the name of the Agreement to become “Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016”.

C. At clause 3.1, by amending the definition of “Agreement” to become Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016.

D. At clause 3.1, by amending the definition of “Employee” as follows:

“Employee” means an employee of the Company performing electrical work on any Stocklands Project covered by one of the classifications set out in Schedule 3.

E. At clause 3.1, by amending the definition of “Parties” as follows:

The “Parties” to this agreement shall mean the Company and all of its Employees engaged in any of the classifications specified in Schedule C of this agreement and performing work on any Stocklands Project.

F. Throughout the Agreement, the footer is amended to reflect the updated Agreement name.

[5] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement, and is attached to the varied Agreement.

[6] The variation is approved and will come into operation on 14 December 2015.

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

SENIOR DEPUTY PRESIDENT

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