Stanwell Asset Maintenance Company
[2024] FWCA 4144
•27 NOVEMBER 2024
| [2024] FWCA 4144 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Stanwell Asset Maintenance Company
(AG2024/4053)
SAMCO WIND AND SOLAR FARM MAINTENANCE SERVICES AGREEMENT 2023
| Electrical power industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 27 NOVEMBER 2024 |
Application for variation of the SAMCO Wind and Solar Farm Maintenance Services Agreement 2023
An application has been made for approval of a variation to the SAMCO Wind and Solar Farm Maintenance Services Agreement 2023 (the Agreement). The application was made by Stanwell Asset Maintenance Company pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
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.
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.
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 27 November 2024. Those undertakings form part of the Agreement as varied.
In accordance with s.205A of the Fair Work Act 2009 (Cth) the most favourable term of the delegates’ rights terms in the relevant modern awards, as determined by the Fair Work
Commission is taken to be a term of the agreement.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 27 November 2024.
DEPUTY PRESIDENT
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