GSLAM Pty Ltd

[2012] FWA 7380

[2012] FWA 7380

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.319—Transferable instrument

GSLAM Pty Ltd
(AG2012/5043)

Fast Food Industry

COMMISSIONER JONES MELBOURNE, 27 AUGUST 2012

Application for Orders relating to Instruments Covering New Employer and Non-Transferring Employees.

[1] An application was made under section 319(b) of the Fair Work Act 2009 (the Act) by GSLAM Pty Ltd (GSLAM) that the IPCA (NSW) Enterprise Agreement 2011 (transferrable instrument) cover non-transferring employees of GSLAM.

[2] The material provided by GSLAM discloses that a transfer of business was effected by Cumulas Pty Ltd as Trustee for Cumulas Unit Trust (the old employer) to GSLAM.

[3] The transferrable instrument covered the old employer and employees of the old employer in the classifications: Sandwich Artist, Senior Sandwich Artist and Restaurant Supervisor/Manager.

[4] Under the arrangement for transfer of business all employees of the old employer were terminated and selected employees re-employed with GSLAM within three months and all assets owned by the old employer were transferred to GSLAM. GSLAM carries on the business previously carried on by the old employer.

[5] I have reviewed the application and the accompanying material including the Agreement. I am satisfied that all the provisions of paragraphs (a) to (g) of subsection 319(3) of the Act have been met. Consequently the Application is granted and the Order [PR528442] in the terms sought will be issued accordingly.

COMMISSIONER

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