Stabilised Pavements Australia Pty Limited

[2021] FWCA 1630

[2021] FWCA 1630

FAIR WORK COMMISSION

DECISION

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

Stabilised Pavements Australia Pty Limited
(AG2021/214)

STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 MARCH 2021

Application for variation of the STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of a variation to the STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made by Stabilised Pavements Australia Pty Limited 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 employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. 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] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 9 May 2019. Those undertakings form 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 25 March 2021.

COMMISSIONER

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