Jellifish! Pty Ltd

[2012] FWA 10159

[2012] FWA 10159

FAIR WORK AUSTRALIA

DECISION

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

Jellifish! Pty Ltd
(AG2012/979)

COMMISSIONER ASBURY BRISBANE, 30 NOVEMBER 2012

Application to approve the JelliFish! Enterprise Agreement 2012.

[1] On 13 November 2012 a Decision was issued by Fair Work Australia as presently constituted in relation to this matter. 1 The Decision outlined a number of concerns I had with respect to the terms of the Agreement and whether it passed the better off overall test (BOOT) as set out in s.193 of the Fair Work Act 2009 (the Act), when considered against the terms of the Horticulture Award 2010 (the Award).

[2] In that Decision an alternative application for the Agreement to be approved under s.189 of the Act on the grounds that there are exceptional circumstances and approval would not be contrary to the public interest, was refused.

[3] The employer was given seven days in which to respond to the matters set out in the Decision and to advise whether undertakings would be provided to address concerns in relation to whether the Agreement passes the BOOT. The Decision indicated that if the undertakings did not address the concerns raised, the application for approval of the Agreement would be dismissed.

[4] On 22 November 2012 correspondence was received from the employer’s representative as follows:

“We refer to your decision handed down on 13 November 2012 in relation to the above application.

We are instructed that our client has elected to not provide any further undertakings in relation to the Agreement and the matter will not be progressed.”

[5] The application for approval of the Agreement is dismissed. I order accordingly.

COMMISSIONER

 1   [2012] FWA 9640

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