York Civil Pty Ltd

[2014] FWCA 898

[2014] FWCA 898

FAIR WORK COMMISSION

DECISION

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

York Civil Pty Ltd
(AG2014/127)

YORK CIVIL PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 FEBRUARY 2014

Application for variation of the York Civil Pty Ltd Queensland Enterprise Agreement 2013-2017.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by York Civil Pty Ltd (“the Employer”) for the approval of a variation to the York Civil Pty Ltd Queensland Enterprise Agreement 2013-2017 (“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.

[3] 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.

[4] The Agreement is varied as follows:

(a) In clause 1.1, by deleting the name of the Agreement and replacing it with “York Civil Pty Ltd Queensland & New South Wales Enterprise Agreement 2013-2017”;

(b) In clause 1.7, by deleting the text of the clause and replacing it with:

“This Agreement shall apply to all Employees of the Company who fall within the classification work prescribed at Schedule 1 of this Agreement and who are employed and principally engaged to work in either the State of Queensland or the State of New South Wales.”; and

(c) In clause 8.5, by deleting the text of the clause and replacing it with:

“Employees covered by this Agreement shall be entitled to long service leave under and subject to the provisions of the Building and Construction Industry (Portable Long Service Leave) Act 1991 in Queensland and the Building and Construction Industry Long Service Payments Act 1986 in New South Wales.”

[5] 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.

[6] The variation is approved and will come into operation on 7 February 2014.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE403413  PR547489>