Takwood Pty Ltd T/A Bellis Industrial Services

[2018] FWCA 6911

[2018] FWCA 6911

FAIR WORK COMMISSION

DECISION

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

Takwood Pty Ltd T/A Bellis Industrial Services
(AG2018/5875)

TAKWOOD PTY LTD T/A BELLIS INDUSTRIAL SERVICES CURTIS ISLAND OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 NOVEMBER 2018

Application for variation of the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2015

[1] An application has been made by Takwood Pty Ltd T/A Bellis Industrial Services (Bellis) for variation of the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] Bellis filed a statutory declaration in support of the application which was declared by Mr Brian Keenan, Manager of Bellis.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[4] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 12 November 2018.

[5] The variation can be found at Annexure A of this decision. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A