Atoma Sushi Pty Ltd T/A Atoma Sushi

Case

[2013] FWCA 6445

2 SEPTEMBER 2013

No judgment structure available for this case.

[2013] FWCA 6445

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Atoma Sushi Pty Ltd T/A Atoma Sushi
(AG2013/6090)

ENTERPRISE AGREEMENT BETWEEN ATOMA SUSHI PTY LTD (ACN 114 017 863) TRADING AS ATOMA SUSHI (EMPLOYER) AND THE EMPLOYEES OF ATOMA SUSHI (EMPLOYEE OR EMPLOYEES)

Restaurants

DEPUTY PRESIDENT ASBURY

BRISBANE, 2 SEPTEMBER 2013

Application for approval of the Enterprise Agreement between Atoma Sushi Pty Ltd (ACN 114 017 863) trading as Atoma Sushi (Employer) and the employees of Atoma Sushi (Employee or Employees).

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement between Atoma Sushi Pty Ltd (ACN 114 017 863) trading as Atoma Sushi (Employer) and the employees of Atoma Sushi (Employee or Employees) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atoma Sushi Pty Ltd t/a Atoma Sushi. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 30 August 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a model consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 September 2013. The nominal expiry date of the Agreement is 2 September 2017.

DEPUTY PRESIDENT

 1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

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