BU Toowoomba Pty Ltd T/A Burger Urge Toowoomba South

[2018] FWCA 6876

[2018] FWCA 6876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BU Toowoomba Pty Ltd T/A Burger Urge Toowoomba South
(AG2018/2174)

BU TOOWOOMBA PTY LTD – ENTERPRISE AGREEMENT 2017

Restaurants
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the BU Toowoomba Pty Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BU Toowoomba Pty Ltd - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BU Toowoomba Pty Ltd T/A Burger Urge Toowoomba South. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2018. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

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Annexure A