Rabco Plant Hire Pty Ltd

[2016] FWCA 7971

[2016] FWCA 7971

FAIR WORK COMMISSION

DECISION

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

Rabco Plant Hire Pty Ltd
(AG2016/6736)

RABCO PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 NOVEMBER 2016

Application for variation of the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Rabco Plant Hire Pty Ltd (Rabco).

[2] The Employer filed a statutory declaration in support of the application which was declared by Tracey Hick, Administrator of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] On 17 November 2016 undertakings were provided by Rabco. Pursuant to s.212 of the Act, I accept the Employer’s undertakings. In accordance with s.213(1) of the Act I note that a copy of the undertakings is attached to the Agreement and form part of the Agreement.

[5] 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. Of particular note, I am satisfied that the variations at Annexure A together with the undertakings provided by Rabco, continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 18 November 2016.

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

COMMISSIONER

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Annexure A