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austlii:cth/FWCA/2017/6423
procedural. Variation approved. The consolidated version of the Agreement, as varied, was attached to the decision. The variation operated from 4 December 2017 in accordance with s 216 of the Act.
The Fair Work Commission approved a variation to an enterprise agreement for TIC (Marketing Solutions) Pty Ltd. The employer had applied to change various clauses of their 2016-2020 enterprise agreement. The Commission was satisfied that all legal requirements were met, including that written promises (undertakings) given by the employer would not disadvantage employees or substantially change the agreement. The original undertakings given when the agreement was first approved in 2016 continued to apply. The variation took effect from 4 December 2017.
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1 cited instrument linked from this judgment.
s.210 - Enterprise agreement
TIC (MARKETING SOLUTIONS) PTY LTD ENTERPRISE AGREEMENT 2016-2020
Application for variation of the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2016-2020.
[1] An application has been made for approval of a variation to the TIC (Marketing Solutions) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made by TIC (Marketing Solutions) 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
[4] 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.
[5] 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.
[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 20 September 2016. Those undertakings form part of the Agreement as varied.
[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
[8] In accordance with s.216 of the Act, the variation operates from 4 December 2017.
Printed by authority of the Commonwealth Government Printer
Variation approved. The consolidated version of the Agreement, as varied, was attached to the decision. The variation operated from 4 December 2017 in accordance with s 216 of the Act.