A&A Maharaj Pty Ltd as the trustee for the Maharaj Family Trust & Others

[2019] FWC 4710

[2019] FWC 4710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.251—Single interest employer authorisation

A&A Maharaj Pty Ltd as the trustee for the Maharaj Family Trust & Others
(B2019/527)

COMMISSIONER LEE MELBOURNE, 5 JULY 2019

Application for a variation of a single interest employer authorisation.

[1] On 16 April 2019 the Fair Work Commission (the Commission) issued a single interest employer authorisation (the Authorisation) 1 pursuant to s. 249 of the Fair Work Act 2009 (the Act). The Authorisation was made to cover some 46 employers, found at Annexure A to the Authorisation, in relation to the bargaining process for a proposed enterprise agreement. The Authorisation was made in relation to the IPC Asia Pacific Enterprise Agreement 2019 (the Agreement). The person nominated by the employers to make applications under the Act is Duane Barber, the Chief Executive Officer of Independent Purchasing Company (Australasia) Ltd (the Applicant).

[2] On 7 June 2019, an application was made pursuant to s. 251 of the Act for a variation of the Authorisation.

[3] Specifically, the application seeks the removal of the following employers:

● Auslyn Holdings Pty Ltd;

● C Feher Investments Pty Ltd as the Trustee for C Feher Unit Trust; and

● Sleethway Pty Ltd as the Trustee for The Sleeth Family Trust.

[6] Section 251 of the Act provides as follows;

251 Variation of single interest employer authorisations

Variation to remove employer

(1) An employer specified in a single interest employer authorisation in relation to a proposed enterprise agreement may apply to the FWC for a variation of the authorisation to remove the employer’s name from the authorisation.

(2) If an application is made under subsection (1), the FWC must vary the authorisation to remove the employer’s name if the FWC is satisfied that, because of a change in the employer’s circumstances, it is no longer appropriate for the employer to be specified in the authorisation.

[8] The application provides the relevant change in circumstances for the purposes of s. 251 (2) of the Act, is that throughout the agreement making process, a number of employers to the Authorisation were withdrawn from the process as a result of:

a) voluntary request on their part following a change in personal circumstances; and

b) failure to meet deadlines associated with the pre-approval steps for implanting an enterprise agreement under the Act.

[9] The Applicant has advised that no employer, that the Applicant seeks to remove from the Authorisation, was withdrawn from the enterprise agreement process on or after the commencement of the vote to Approve the Agreement, nor did any of the withdrawn employers conduct a vote in relation to the the Agreement. As a result of the information provided, I am satisfied that as a result of the change in the employer’s circumstances, it is no longer appropriate for the the three employers identified above to be specified in the Authorisation.

[10] Pursuant to s. 251 of the Act, the Authorisation is varied to remove the following employers:

● Auslyn Holdings Pty Ltd;

● C Feher Investments Pty Ltd as the Trustee for C Feher Unit Trust; and

● Sleethway Pty Ltd as the Trustee for The Sleeth Family Trust.

[11] An Order varying the Authorisation will be issued in accordance with this Decision.

COMMISSIONER

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