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austlii:cth/FWCA/2021/27
procedural. Variation approved. The variation to the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2020 operates from 6 January 2021.
The Fair Work Commission approved a variation to Incitec Pivot Limited's enterprise agreement. The company provided written undertakings that met legal requirements—they wouldn't financially harm employees or substantially change the agreement. The Commission was satisfied all legal requirements were met, including those from when the agreement was first approved. The variation took effect from 6 January 2021.
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1 cited instrument linked from this judgment.
s.210 - Enterprise agreement
INCITEC PIVOT LIMITED GIBSON ISLAND PDC MAINTENANCE ENTERPRISE AGREEMENT 2020
Application for variation of the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2020.
[1] An application has been made for approval of a variation to the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2020 (the Agreement). The application was made by Incitec Pivot Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).
[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
[3] 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 employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
[4] 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.
[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 7 February 2020. Those undertakings form part of the Agreement as varied.
[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
[7] In accordance with s.216 of the Act, the variation operates from 6 January 2021.
Printed by authority of the Commonwealth Government Printer
Variation approved. The variation to the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2020 operates from 6 January 2021.