Christies People Pty Ltd

[2021] FWC 1138

[2021] FWC 1138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christies People Pty Ltd
(AG2020/3332)

COMMISSIONER LEE MELBOURNE, 3 MARCH 2021

Application for approval of the Christies People Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Christies People Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christies People Pty Ltd. The Agreement is a single enterprise agreement.

[2] A decision was issued in relation to the application on 22 February 2021, [[2021] FWC 962, PR727204].

[3] In that decision I indicated that s.190 of the Act provides that if the Commission has a concern that an agreement does not meet the requirements in ss.186 and 187, the Commission may approve the agreement under s.186 if the Commission is satisfied that an undertaking accepted by the Commission meets the concern.

[4] I provided the Applicant an opportunity to meet the genuine agreement concern articulated in the decision by providing any undertakings by no later than 7 days from the date of the decision. At a short hearing held on 1 March 2021, convened at the request of the Applicant, I advised that the Applicant had until close of business Tuesday, 2 March 2021 to provide any undertakings to satisfy my concerns.

[5] The Applicant has failed to provide any undertakings.

[6] For the reasons outlined in the decision, I cannot approve the Agreement as I am not satisfied with respect to the requirements of s.180(5), and consequently I am not satisfied as to the requirements in ss.188(1)(a)(i) and 186(2)(b) of the Act. The application for approval of the Agreement is therefore dismissed.

COMMISSIONER

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