A & G Tolentino Pty Ltd

[2013] FWC 7096

[2013] FWC 7096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.248—Single interest employer authorisation

A & G Tolentino Pty Ltd
(B2013/1205)

COMMISSIONER GREGORY MELBOURNE, 17 SEPTEMBER 2013

Application for single interest authorisation.

[1] A & G Tolentino Pty Ltd as trustee for Wealth Creation Family Trust and others has made application for a Single Interest Employer Authorisation under section 248 of the Fair Work Act 2009 (Cth) (the Act) in relation to a proposed Enterprise Agreement to be known as the IPCA Enterprise Agreement 2013.

[2] The application specifies the employers that will be covered by the proposed Agreement, the group of employees who will be covered by the Agreement, and the person nominated by the employers to make application if the authorisation is made. That person is Mr Duane Barber, Chief Executive Officer of Independent Purchasing Company (Australasia) Ltd.

[3] Mr Barber has also provided a Statutory Declaration in support of the application.

[4] Having considered the terms of the application and the attached statutory declaration I am satisfied the Employers intended to be covered by the proposed agreement have agreed to bargain together and that no person has coerced or threatened to coerce any of those Employers to agree to bargain in this way.

[5] I am also satisfied the Employers are carrying on similar business activities under the same franchise and are all franchisees of the same franchisor.

[6] The Act provides that I must, in such circumstances, make a Single Interest Employer Authorisation in relation to the proposed Enterprise Agreement. I accordingly make the authorisation in relation to the proposed ICPA Enterprise Agreement 2013. It will come into operation from the date of this decision. An order containing the authorisation is issued in conjunction with this decision.

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