Thiess Pty Ltd
[2013] FWCA 7729
•3 OCTOBER 2013
[2013] FWCA 7729 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Thiess Pty Ltd
(AG2013/2995)
THIESS PTY LTD REGIONAL NSW CIVIL ROAD CONSTRUCTIONS STATE AGREEMENT 2013-2017
Building, metal and civil construction industries | |
COMMISSIONER MACDONALD | SYDNEY, 3 OCTOBER 2013 |
Application for variation of the Thiess Pty Ltd Regional NSW Civil Road Constructions State Agreement 2013-2017.
Application for approval of the variation of an enterprise agreement.
[1] An application has been made for approval of a variation to the agreement known as Thiess Pty Ltd Regional NSW Civil Road Constructions State Agreement 2013-2017 (the Agreement). The application has been made pursuant to section 210 of the Fair Work Act 2009 (the Act) and was made by Thiess Pty Ltd, being the employer party to the above named agreement.
[2] The Agreement (AG2013/2470) was approved by myself on 30 August 2013.
[3] Subsequently, the employer filed an application to vary the Agreement by including a new clause being “Supplementary Labour” (Clause 46). The effect of the variation is to provide additional employment security to employees with regard to how the use of supplementary labour will occur on Thiess NSW Regional Road Construction projects. It is this application that is before me for my consideration.
[4] Section 210(2) and 210(3) of the Act set out the requirements to be met by the Applicant seeking a variation.
[5] The Applicant has satisfied the requirements of section 210(2)(a), (b) and (c) and has satisfied section 210(3)(a) by filing the application within the 14 day time frame.
[6] The application is also supported by Form F23B Declarations made by The Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union.
[7] In accordance with section 216 of the Act, this variation operates on and from 3 October 2013.
COMMISSIONER
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