ThyssenKrupp Elevator Australia Pty Limited

[2016] FWCA 6345

[2016] FWCA 6345

FAIR WORK COMMISSION

DECISION

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

ThyssenKrupp Elevator Australia Pty Limited
(AG2016/5263)

THYSSENKRUPP ELEVATOR AUSTRALIA PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 SEPTEMBER 2016

Application for variation of the ThyssenKrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2015.

[1] An application has been made for variation of the ThyssenKrupp Elevator Australia Pty Ltd Queensland Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by ThyssenKrupp Elevator Australia Pty Limited (the Employer).

[2] The Employer filed a statutory declaration in support of the application for approval of a variation which was declared by Ms Ema Horvat, Human Resources Advisor.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are an employee organisation that is covered by the Agreement.

[4] The variation can be found at Annexure A to this decision.

[5] 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.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 13 September 2016.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A