Hungry Jack's St Marys Pty Ltd T/A Hungry Jacks and ors
[2012] FWA 8784
•16 OCTOBER 2012
[2012 FWA 8784
The attached document replaces the document previously issued with the above code on 2 February 2011.
The document has been edited to remove a reference to B Govind as a solicitor.
Sean Howe
Associate to Deputy President Sams
Dated 17 October 2012
[2012] FWA 8784 |
|
DECISION |
Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement
Hungry Jack's St Marys Pty Ltd T/A Hungry Jacks and ors
(AG2012/6994)
DEPUTY PRESIDENT SAMS | SYDNEY, 16 OCTOBER 2012 |
FOHJ Enterprise Agreement 2012 - application to approve a single enterprise agreement - application discontinued.
[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (‘the Act’) filed on 27 June 2012, by a number of employers involved in operating fast food franchises (commonly known as ‘Hungry Jacks’) for a single enterprise agreement to be known as the FOHJ Enterprise Agreement 2012. The franchises are located at a number of sites in New South Wales, Queensland and Victoria.
[2] The application was first listed for hearing on 9 July 2012 when the Shop, Distributive and Allied Employees’ Association intervened to oppose the approval of the Agreement on both process and substantive grounds going primarily to the satisfaction of the Better Off Overall Test (BOOT). In light of recent events, I need not develop these objections any further.
[3] There has been extensive evidence filed, reports from FWA’s Enterprise Agreements Unit and two hearing days before Fair Work Australia. The matter was listed for a further and final hearing on 19 October 2012. However, on 11 October 2012, my Chambers were advised by Ms S Tallis, Solicitor, representing the applicants, that she had been instructed to withdraw the application. A Form 50, Notice of Discontinuance, wholly discontinuing the matter was filed at the same time.
[4] Accordingly, pursuant to s 588 of the Act, this matter is discontinued and the application is dismissed.
DEPUTY PRESIDENT
Appearances:
J Seymour of Counsel for the applicants with S Tallis (Solicitor) of Employment Innovations.
A Burke, M Galbraith and B Govind for the Shop Distributive and Allied Employees Association (intervening)
Hearing details:
2012.
Sydney:
9 July.
3 August.
Brisbane, Melbourne and Sydney (Video-hearing):
24 September 2012
Printed by authority of the Commonwealth Government Printer
<Price code A, PR530162>
0
0
0