Waeger Constructions Pty Ltd

[2021] FWCA 6595

[2021] FWCA 6595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Waeger Constructions Pty Ltd
(AG2021/7841)

WAEGER CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2021

Application for variation of the Waeger Constructions Pty Ltd Enterprise Agreement

[1] Waeger Constructions Pty Ltd has applied for approval of a variation to the Waeger Constructions Pty Ltd Enterprise Agreement (the Agreement). The application seeks to vary clauses relating to timesheets, private vehicle use, overnight stay allowance, hot weather, personal leave, evidence requirements for single day absences, clothing, RDO calendar, the nominal expiry date, and rates of pay for the extended agreement term. The application also seeks to incorporate undertakings given when the Agreement was approved 1 into the body of the Agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are accepted under s.212(3) of the Act and are taken to be terms of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 9 November 2021.

COMMISSIONER

 1   See [2019] FWCA 679.

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