Australian Retail Management Services Pty Ltd
[2011] FWA 4317
•6 JULY 2011
[2011] FWA 4317 |
|
DECISION |
Fair Work Act 2009
s.320 - Application to vary a transferable instrument - an agreement
Australian Retail Management Services Pty Ltd
(AG2011/9463)
Retail industry | |
COMMISSIONER MACDONALD | SYDNEY, 6 JULY 2011 |
Section 318 application - transitional instrument - transfer of business - application granted by Fair Work Australia - consequential s.320 application to vary transferable instrument - application granted - Order issued.
[1] An application was made by Australian Retail Management Services Pty Ltd (“the Applicant”), pursuant to section 318 of the Fair Work Act 2009 (“the Act”) seeking an order in relation to transfer of business.
[2] The application advised that certain employees engaged by Allphones Retail Pty Ltd would be transferred to a new employer, Australian Retail Management Services Pty Limited (“the applicant”). The application sought that the transferring employees would still be covered by their existing industrial instrument: Allphones Retail Enterprise Agreement 2009 (“the Allphones Agreement”). New employees engaged by the applicant would also be engaged under the Allphones Agreement.
[3] The application by the applicant was granted and by my Decision of 18 May 2011, the relevant orders were made relating to the transfer of business, and the transferring of employees [PR509503].
[4] Subsequently, the applicant made an application pursuant to section 320 to vary the Allphones Agreement to give effect to my Decision of 18 May 2011. This Decision and accompanying Order reflect the section 320 application.
[5] The section 320 application set out four grounds in support of the application. Relevantly, the last two grounds are set out below:
“3. The variations sought in this application as are necessary to ensure that the Allphones Retail Enterprise Agreement 2009 correctly and completely identifies the employers covered by the Agreement and to remove any uncertainty about the identity of those employers.
4. The variation to sub-clause 1.1(e) is necessary to ensure that the Allphones Retail Enterprise Agreement 2009 operates in a way that is better aligned to the working arrangements of the enterprise.”
[6] In considering the section 320 application Fair Work Australia must take into account those matters set out in section 320(4). Those matters have already been considered and favourably so, pursuant to the section 318 application.
[7] Consequently, the section 320 application is granted and the Allphones Agreement is varied accordingly.
[8] The variation to the Allphones Agreement will come into operation as and from 6 July 2011, pursuant to section 320(5) of the Act.
COMMISSIONER
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