Miles Electrical Pty Ltd T/A Wayne Miles Electrical

[2016] FWCA 5438

[2016] FWCA 5438

FAIR WORK COMMISSION

DECISION

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

Miles Electrical Pty Ltd T/A Wayne Miles Electrical
(AG2016/4409)

MILES ELECTRICAL PTY LTD STOCKLANDS ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 5 AUGUST 2016

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

[1] An application has been made for variation of the Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Miles Electrical Pty Ltd T/A Wayne Miles Electrical (the Employer).

[2] The Employer statutory declaration in support of the application for approval of a variation was declared by Mr Wayne Robert Miles, Principal of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 5 August 2016.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A