RCR O'Donnell Griffin Pty Ltd

[2014] FWCA 8291

[2014] FWCA 8291

FAIR WORK COMMISSION

DECISION

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

RCR O'Donnell Griffin Pty Ltd
(AG2014/8108)

O'DONNELL GRIFFIN PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 NOVEMBER 2014

Application for variation of the O'Donnell Griffin Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by RCR O'Donnell Griffin Pty Ltd (“the Employer”) for the approval of a variation to the O'Donnell Griffin Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

(a) In clause 1.6.2, by deleting subclause (x) “Mackay Coal Work Division means work carried out on Coal Mines in the Bowen Basin.”

(b) In Appendix 1, by deleting the “Mackay Work Division Wages Rates” table.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 20 November 2014.

[6] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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