Transpacific Industries Pty Ltd

[2014] FWCA 560

[2014] FWCA 560

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Transpacific Industries Pty Ltd

(AG2014/3416)

TRANSPACIFIC INDUSTRIAL SOLUTIONS TOWNSVILLE SUN

METALS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS BRISBANE, 30 JANUARY 2014

Application for variation of the Transpacific Industrial Solutions Townsville Sun Metals
Enterprise Agreement 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Transpacific Industries Pty Ltd (“the Employer”) for the approval of a variation to the Transpacific Industrial Solutions Townsville Sun Metals Enterprise Agreement 2013 (“the

Agreement”).

[2] The application was not lodged within 14 days after the variation was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.210(3)(b) I consider it fair to extend the time for making this application.

[3]        The application has met the statutory requirements in all requisite respects. The

variation was provided to all relevant employees prior to the ballot, and was approved by a
majority of employees in a ballot.

[4] On the face of the application (and more so by the terms of the variation as sought) the Employer is not seeking an extra claim, or imposing the same on its employees. Indeed, the application is best characterised as a consent application in the circumstances.

[5]        The Agreement is varied as follows:

(a) In the “Site Schedule”, at “S1 - Wage Rates”, by amending the wages table, specifically the column headings for columns 3, 4 and 5, which are deleted and replaced as follows: column 3 is now headed “From 1 November 2013”; column 4 is now headed “From 1 November 2014”; and column 5 is now headed “From 1 November 2015”.

[6]        The variation is approved and will come into operation on 30 January 2014.

[2014] FWCA 560

[7]        A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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