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

[2012] FWA 4797

[2012] FWA 4797

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees in agreements

AWX Mining Pty Ltd; AWX Agribusiness Pty Ltd; AWX Construction & Industrial Pty Ltd; AWX Health Pty Ltd; AWX Hospitality Pty Ltd; AWX International Pty Ltd
(AG2012/4866)

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 21 JUNE 2012

Application for an order that the certified agreement as varied apply to non-transferring employees.

[1] An Application pursuant to s.318 of the Fair Work Act 2009 (the Act) for an order relating to an instrument covering a new employer and 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; AWX International Pty Ltd (the Applicants) on 20 April 2012.

[2] AWX Mining Pty Ltd; AWX Agribusiness Pty Ltd; AWX Construction & Industrial Pty Ltd; AWX Health Pty Ltd; AWX Hospitality Pty Ltd; AWX International Pty Ltd subsidiaries of AWX Pty Ltd have become the new employers following the incorporation by its parent company AWX Pty Ltd.

[3] The Order sought is that the Employees - AWX Pty Ltd Certified Agreement 2004 as varied by the Order of Commissioner Spencer of 23 December 2009 (PR992203) and the Order of Senior Deputy President Richards of 3 June 2011 (PR510135) will cover all the non-transferring employees of each of the Applicants.

[4] A notice of listing was issued on 4 June 2012 directing the Applicants to ensure that the employees who would be affected by the proposed order were made aware of the application, the notice of listing and the terms of the order sought.

[5] The Listing invited any person wishing to be heard or make a written statement regarding the application to advise Fair Work Australia prior to the listing. No response was received.

[6] I have considered the matters set out in s.318(3) of the Act and I am satisfied on the basis of supporting documentation provided with the application that the order should be issued.

[7] The Order [PR524805] will come into operation on 21 June 2012.

COMMISSIONER

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<Price code A, AG836963  PR524804 >