Multiworks Australia Pty Ltd T/A Multiworks
[2017] FWCA 4440
•25 AUGUST 2017
| [2017] FWCA 4440 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Multiworks Australia Pty Ltd T/A Multiworks
(AG2017/3510)
MULTIWORKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015
Building, metal and civil construction industries | |
COMMISSIONER MCKINNON | MELBOURNE, 25 AUGUST 2017 |
Application for variation of the Multiworks Australia Pty Ltd Enterprise Agreement 2015.
[1] An application has been made for approval of a variation to an enterprise agreement known as the Multiworks Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Multiworks Australia Pty Ltd T/A Multiworks.
[2] The application seeks to vary Clause 13, Clause 18, and Clause 27.2. A copy of the variation is attached at Annexure A.
[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement as varied. In accordance with s.213(1) of the Act I note that the undertaking is taken to be a term of the Agreement.
[4] Subject to the undertakings, 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.
[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] As noted in [2015] FWCA 6171, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[7] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 25 August 2017.
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Annexure A
Annexure B
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