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austlii:cth/FWCA/2020/5258
appellant. Variation approved; consolidated Agreement attached; variation operates from 1 October 2020
1 cited instrument linked from this judgment.
The Fair Work Commission approved a variation to Orica Australia's enterprise agreement covering NSW quarry and construction services. The company provided written undertakings which the Commission accepted, finding they wouldn't disadvantage employees or substantially change the agreement. The variation took effect from 1 October 2020.
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s.210 - Enterprise agreement
ORICA AUSTRALIA PTY LTD NSW QUARRY AND CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2018 (AGREEMENT)
Application for variation of the Orica Australia Pty Ltd NSW Quarry and Construction Services Enterprise Agreement 2018.
[1] An application has been made for approval of a variation to the Orica Australia Pty Ltd NSW Quarry and Construction Services Enterprise Agreement 2018 (the Agreement). The application was made by Orica Australia Pty Ltd 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 statutory 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 June 2019. 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 1 October 2020.
Printed by authority of the Commonwealth Government Printer
Variation approved; consolidated Agreement attached; variation operates from 1 October 2020