Erotic Nights Mildura

Case

[2013] FWCA 303

16 JANUARY 2013

No judgment structure available for this case.

[2013] FWCA 303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Erotic Nights Mildura
(AG2012/13289)

EROTIC NIGHTS MILDURA EMPLOYEE COLLECTIVE AGREEMENT 2012

Retail industry

COMMISSIONER LEE

MELBOURNE, 16 JANUARY 2013

Application for approval of the Erotic Nights Mildura Employee Collective Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Erotic Nights Mildura Employee Collective Agreement 2012 (the Agreement). The application was made by Erotic Nights Mildura (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Annexure A:

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<Price code C, AE899349  PR533177>

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