AWX Mining Pty Ltd; AWX Agibusiness Pty Ltd; AWX Construction & Industrial Pty Ltd; AWX Health Pty Ltd; AWX Hospitality Pty Ltd; AWX International Pty Ltd

[2012] FWA 7450

[2012] FWA 7450

FAIR WORK AUSTRALIA

DECISION

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

AWX Mining Pty Ltd; AWX Agibusiness Pty Ltd; AWX Construction & Industrial Pty Ltd; AWX Health Pty Ltd; AWX Hospitality Pty Ltd; AWX International Pty Ltd
(AG2012/10413)

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 11 SEPTEMBER 2012

Application for an order in relation to non-transferring employees.

[1] An Application pursuant to s.319(b) of the Fair Work Act 2009 (the Act) for an order relating to an instrument covering a new employer and non-transferring employees was filed by AWX Mining Pty Ltd; AWX Agribusiness Pty Ltd; AWX Construction & Industrial Pty Ltd; AWX Health Pty Ltd; AWX Hospitality Pty Ltd and AWX International Pty Ltd (the Applicants) on 13 August 2012.

[2] The material provided by the Applicants discloses that a transfer of business was effected by AWX Pty Ltd (the old employer) to AWX Mining Pty Ltd; AWX Agribusiness Pty Ltd; AWX Construction & Industrial Pty Ltd; AWX Health Pty Ltd; AWX Hospitality Pty Ltd and AWX International Pty Ltd.

[3] The transferrable instrument covered the old employer and employees of the old employer in the scope of work activities of retail ready, kill floor, boning room and general labouring.

[4] The Order sought is that the AWX Pty Ltd Employee Collective Agreement - Meat Industry Employees 2006-2009 will cover all the non-transferring employees of each of the Applicants.

[5] I have considered the matters set out in s.319(3)(a) to (g) of the Act and I am satisfied on the basis of supporting documentation provided with the application that the order should be issued. Consequently the Application is granted and the Order [PR528524] in the terms sought will be issued accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AC304195  PR528523 >