Protect Services Pty Ltd as trustee for the Protect Services Trust

[2018] FWCA 6788

[2018] FWCA 6788

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Protect Services Pty Ltd as trustee for the Protect Services Trust

(AG2018/3257)

Protect Services Enterprise Agreement 2017

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 5 NOVEMBER 2018

Application for variation of the Protect Services Enterprise Agreement 2017.

1. An application has been made for approval of a variation to the Protect Services Enterprise Agreement 2017 (the Agreement). The application was made by Protect Services Pty Ltd as trustee for the Protect Services Trust pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary the Agreement to add a new clause dealing with superannuation. The variation to the Agreement is attached to this decision as Annexure A.

1. 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.

1. 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 9 February 2018. Those undertakings form part of the Agreement as varied.

1. 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.

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

1. In accordance with s.216 of the Act, the variation operates from 5 November 2018.

COMMISSIONER

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<AE427295  PR702018>