Sitzler Pty Ltd

[2017] FWCA 2102

[2017] FWCA 2102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sitzler Pty Ltd
(AG2017/1216)

SITZLER PTY LTD CERTIFIED AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 12 APRIL 2017

Application for variation of the SITZLER Pty Ltd Certified Agreement 2016 - 2019.

[1] An application has been made for approval of a variation of an enterprise agreement known as the SITZLER Pty Ltd Certified Agreement 2016-2019 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Sitzler Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by inserting a sentence into clause 17.1.2 to allow the requirement to take annual leave or banked RDO’s during the Christmas – New Year Industry closure period, or to elect to take the time as leave without pay, to be varied by mutual agreement between the employer and employee(s) concerned.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate from 12 April 2017. The nominal expiry date of the Agreement remains as 31 December 2019.

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

COMMISSIONER

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