Saccardo Constructions (SA) Pty Ltd

[2017] FWCA 3726

[2017] FWCA 3726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Saccardo Constructions (SA) Pty Ltd
(AG2017/2727)

SACCARDO CONSTRUCTIONS (SA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 JULY 2017

Application for variation of the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of an enterprise agreement known as the Saccardo Constructions (SA) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Saccardo Constructions (SA) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by inserting a new clause, 5.2.8, which states “Nothing in this clause prevents the Company and a majority of affected employees from otherwise agreeing on varying the day or the day(s) that RDOs or LDOs may be taken, or otherwise agreeing on additional flexibilities in respect to taking of RDOs or LDOs.” The words in clause 6.2.4 “the contractual obligations or unforeseen circumstances” is replaced with the words “operational reasons”.

[3] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 17 July 2017. The nominal expiry date of the Agreement remains as 27 July 2019.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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