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austlii:cth/FWCA/2021/5933
procedural. Variation approved. The Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2022 is varied as set out in Annexure A, with the title amended to Winfix Facades Pty Ltd / CFMEU Collective...
1 cited instrument linked from this judgment.
The Fair Work Commission approved a variation to an enterprise agreement between Winfix Facades Pty Ltd and the CFMEU. The union applied to change various clauses and extend the agreement's duration by one year. The Commissioner was satisfied all legal requirements were met, including that employees would be better off overall under the varied agreement. The variation took effect on 28 September 2021.
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s.210 - Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
WINFIX FACADES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022
Application for variation of the Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2022
[1] An application has been made for approval of a variation to the Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).
[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.
[3] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.
[4] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title "Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2022" has been replaced with the following:
Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2023
[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
[6] In accordance with s.216 of the Act, the variation operates from 28 September 2021.
Printed by authority of the Commonwealth Government Printer
Variation approved. The Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2022 is varied as set out in Annexure A, with the title amended to Winfix Facades Pty Ltd / CFMEU Collective Agreement 2019-2023. The variation operates from 28 September 2021 per s.216 of the Fair Work Act 2009.