Triumph International (Australia) Pty Ltd

[2014] FWCA 6427

[2014] FWCA 6427

FAIR WORK COMMISSION

DECISION

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

Triumph International (Australia) Pty Ltd
(AG2014/8666)

TRIUMPH INTERNATIONAL (AUSTRALIA) PTY LTD WAREHOUSE, FINISHING AND DESPATCH ENTERPRISE AGREEMENT 2012

Clothing industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 SEPTEMBER 2014

Application for variation of the Triumph International (Australia) Pty Ltd Warehouse, Finishing and Despatch Enterprise Agreement 2012.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Triumph International (Australia) Pty Ltd (“the Employer”) for the approval of a variation to the Triumph International (Australia) Pty Ltd Warehouse, Finishing and Despatch Enterprise Agreement 2012 (“the Agreement”).

[2] 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. The Textile, Clothing and Footwear Union of Australia has filed a declaration in support of the variation.

[3] The Agreement is varied as follows:

(a) By deleting subclause 2.1 and replacing it as below:

“2.1 This Agreement shall operate from 12 September 2012 and will remain in force until 11 September 2016.”

(b) By deleting subclause 20.2 and replacing it as below:

“20.2 Wage increases for all employees covered by this agreement shall be as detailed below:

Wage Increase	Date of Implementation
2012 3.3%	Sept 13, 2012
2013 3.3%	Sept 12, 2013
2014 3.3%	Sept 12, 2014
2015 3.3%	Sept 12, 2015

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 15 September 2014.

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

SENIOR DEPUTY PRESIDENT

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