Prosys Services Pty Ltd

[2019] FWCA 3716

[2019] FWCA 3716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Prosys Services Pty Ltd
(AG2018/5762)

PROSYS SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 MAY 2019

Application for variation of the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of a variation to the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made by Prosys Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[8] In accordance with s.216 of the Act, the variation operates from 30 May 2019.

DEPUTY PRESIDENT

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