First Enterprise Pty Ltd T/A Eagle Boys Mt Druitt

[2010] FWA 10068

[2010] FWA 10068

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

First Enterprise Pty Ltd T/A Eagle Boys Mt Druitt
(AG2010/5419)

COMMISSIONER ASBURY BRISBANE, 24 DECEMBER 2010

First Enterprise Pty Ltd Enterprise Agreement.

[1] This is an application for approval of the First Enterprise Pty Ltd Enterprise Agreement (the Agreement) under s. 185 of the Fair Work Act 2009. The application was lodged by the National Retail Association (NRA) as bargaining representative for the employer. It is one of a substantial number of applications for approval of agreements which are in essentially identical terms.

[2] Hearings were held in relation to the applications on 31 March, 22 April, 4 June and 6 July 2009, at which a number of issues relevant to whether the agreements passed the no-disadvantage test were raised. On 6 July 2010, I released a detailed statement setting out these issues in relation to each of the NRA applications, including the Agreement in the present case. 1

[3] Undertakings were developed by the NRA in relation to these issues, and have been given by a significant number of employers, resulting in the approval of the agreements to which they relate.

[4] The employer in the present case has not provided undertakings to address the issues I have identified. Numerous emails have been sent to the NRA setting time frames for the provision of undertakings and indicating that failure to provide undertakings in the required time would result in the application for approval of the Agreement in the present case, being refused.

[5] The last of such emails was sent on 24 November 2010 and indicated that failure to address the issues raised in earlier proceedings by 2 December 2010 would result in decisions being issued refusing to approve the Agreement. Accordingly, the application for approval of the Agreement is refused on the basis that it does not pass the no-disadvantage test as required by s. 186(2)(d) of the Act, as modified by Part 2 of Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

COMMISSIONER

 1   [2010] FWA 4968.

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