Stable Australia Pty Ltd T/A Stable Engineering Services

[2017] FWCA 4869

[2017] FWCA 4869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Stable Australia Pty Ltd T/A Stable Engineering Services
(AG2017/4164)

STABLE ENGINEERING WORKSHOP AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 SEPTEMBER 2017

Application for variation of the Stable Engineering Workshop Agreement 2015.

[1] An application has been made to vary the Stable Engineering Workshop Agreement 2015 (the Agreement). The application was made by Stable Australia Pty Ltd T/A Stable Engineering Services pursuant to s.210 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The variations relate to wages and to tool allowance and clothing issue and are attached at Appendix A.

[3] I am satisfied that had an application been made under s.185 of the Act for approval of an agreement incorporating the proposed variations, the Fair Work Commission would be required to approve that agreement pursuant to s.186 of the Act. The Agreement as varied meets the relevant requirements in s.186 of the Act.

[4] The Applicant has provided a written undertaking in response to a concern I held in relation to the abandonment of employment provision in the Agreement. A copy of the undertaking is attached in Annexure B. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In accordance with s.213(1) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] I am satisfied that the requirements of section 211(1)(a) and (b) of the Act have been met. Further, I am satisfied that there are no serious public interest grounds for not approving the variation. The variation was approved by a valid majority of the employees on 12 September 2017.

[6] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] Pursuant to s.216 of the Act, the variation operates from 21 September 2017.

COMMISSIONER

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APPENDIX A
Variation to the Stable Engineering Workshop Agreement 2015

The Agreement is varied by the insertion of Column 3 in Appendix A:

And by the deletion of the following provisions in Appendix A:

APPENDIX B