Parchem Construction Supplies Pty Ltd

[2013] FWCA 429

[2013] FWCA 429

FAIR WORK COMMISSION

DECISION

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

Parchem Construction Supplies Pty Ltd
(AG2012/14480)

PARCHEM CONSTRUCTION SUPPLIES PTY LTD (WYONG) ENTERPRISE AGREEMENT 2011-2014

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 21 JANUARY 2013

Application for approval of a variation to the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2011 - 2014.

[1] An application has been made for approval of a variation of the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2011 - 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Parchem Construction Supplies Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Attachment A.

[2] The Agreement was approved on 12 December 2011, with a nominal expiry date of 30 June 2014. The time to lodge the Agreement was extended by the Tribunal pursuant to s.185(3)(b) of the Act.

[3] In this variation application the employer has again requested an extension of time to file the application. The variation vote was conducted on 30 May 2012 and the application was filed with the Tribunal on 21 December 2012 well in excess of the 14 day period allowed. I have had regard for the explanation for the delay provided by the employer. Pursuant to s.210(3)(b) of the Act the time in which this application for variation can be made is extended.

[4] In addition to Form F23 - Application for Approval of Variation of Enterprise Agreement, the Employer provided to the Commission a statutory declaration from Mr Derek Belan, State Secretary, National Union of Workers, New South Wales Branch (NUW) in support of the application for approval of variation to the Agreement. I note that the NUW was a bargaining representative for the Agreement and are covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 18 January 2013.

COMMISSIONER

Attachment A

Printed by authority of the Commonwealth Government Printer

<Price code A, AE890055  PR533317>