Portwave Pty Ltd T/A Wescranes

[2021] FWCA 6003

[2021] FWCA 6003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Portwave Pty Ltd T/A Wescranes
(AG2021/7304)

PORTWAVE PTY LTD EMPLOYEE COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2021

Application for variation of the Portwave Pty Ltd Employee Collective Agreement

[1] An application has been made for approval of a variation to the Portwave Pty Ltd Employee Collective Agreement (Agreement). The application was made by Portwave Pty Ltd T/A Wescranes pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted, and the Agreement was approved on 3 August 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 28 September 2021.

COMMISSIONER

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