Alara Qld Limited

[2013] FWC 5457

[2013] FWC 5457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.319 - Application for an order re instruments covering new employer and non-transferring employees in agreements

Alara Qld Limited
(AG2013/7265)

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 7 AUGUST 2013

Transfer of business coverage between Alara Association Inc. and Alara Qld Limited.

[1] Alara Qld Limited (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the Alara Association Inc. Enterprise Agreement 2012 (the Agreement) cover non-transferring employees of the Applicant who perform, or are likely to perform, transferring work with the Applicant that was previously performed with Alara Association Inc.

[2] The Applicant has provided submissions in support of its application. The Agreement does not cover an employee organisation.

[3] I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.319(3) of the Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.319(3) of the Act, support the making of the order.

[4] The Applicant indicated in its materials that Alara Association Inc became a company limited by guarantee with a change of name to Alara Qld Limited on 21 June 2013. Given I am satisfied a transfer has occurred, it is appropriate that the order take effect from the date of this order.

[5] This decision will issue concurrently with an order, PR539910, which will take effect from the date of the order.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE896179  PR539911 >