Shamrock Civil Engineering Pty Ltd

[2021] FWCA 2906

[2021] FWCA 2906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Shamrock Civil Engineering Pty Ltd
(AG2021/4926)

SHAMROCK CIVIL ENGINEERING PTY LTD VICTORIA ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 MAY 2021

Application for variation of the Shamrock Civil Engineering Pty Ltd Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Shamrock Civil Engineering Pty Ltd Victoria Enterprise Agreement 2015 (the Agreement). The application was made by Shamrock Civil Engineering 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 affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 20 May 2021.

DEPUTY PRESIDENT

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