G E Boundy (Vic) Pty Ltd T/A Boundy’s Supa IGA

Case

[2013] FWCA 2350

17 APRIL 2013

No judgment structure available for this case.

[2013] FWCA 2350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G E Boundy (Vic) Pty Ltd T/A Boundy’s Supa IGA
(AG2013/5323)

G.E BOUNDY (VIC) PTY LTD AND AMIEU COLLECTIVE AGREEMENT 2012.

Retail industry

JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT

SYDNEY, 17 APRIL 2013

Application for approval of the G.E Boundy (VIC) Pty Ltd and AMIEU Collective Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the G.E Boundy (VIC) Pty Ltd and AMIEU Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] G.E Boundy (Vic) Pty Ltd (the Applicant) has written to the Fair Work Commission (the Commission) seeking that the Commission amend the Agreement as made. The amendments sought are to the formatting of the Agreement. The amendments replace the bullet point formatting of the clauses within the Agreement with a numbering system such that each clause has a corresponding clause number. The Applicant has provided an amended copy of the Agreement. Pursuant to s.586 of the Act, the Agreement is amended as sought. The attached document is the amended Agreement.

[3] Undertakings have been provided by the Applicant in relation to cashing out and taking paid annual leave, voluntary overtime and termination in relation to new employees under a probation period. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 24 April 2016.

SENIOR DEPUTY PRESIDENT

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