Holistic Group Pty Ltd

[2010] FWA 4034

[2010] FWA 4034

FAIR WORK AUSTRALIA

DECISION

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

Holistic Group Pty Ltd
(AG2010/973)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 27 MAY 2010

Application to approve multi enterprise agreement—application refused—failure to provide satisfactory undertakings.

[1] This is a decision concerning an application by ABO Pty Ltd ATF C & C Family Trust, Holistic Group Pty Ltd and New Farm Holistic Health Centre Pty Ltd for a multi enterprise agreement known as the Holistic Health Certified Agreement 2010 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] Following receipt of the application I indicated to the applicant’s representative that I had concerns whether the Better Off Overall Test (the BOOT ) was satisfied. On 6 May 2010 I sent an email with proposed undertakings to the applicant’s representative that would ensure that the Agreement satisfied the BOOT. I also indicated that the dispute resolution procedure did not meet the requirements of s.186(6) of the Act.

[3] After a period of several weeks the applicant’s representative responded with alternative undertakings from the employer. These undertakings do not meet my concerns in relation to the BOOT. Nor do they satisfy the requirements of s.186(6).

[4] Accordingly, this application is refused.

SENIOR DEPUTY PRESIDENT

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