King, Nicholas David

[2019] FWC 7205

[2019] FWC 7205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King, Nicholas David
(AG2019/246)

COMMISSIONER MCKINNON MELBOURNE, 17 OCTOBER 2019

Application for approval of the Berry Pays Pty. Ltd. Enterprise Agreement 2018 – single enterprise agreement – application dismissed.

[1] Berry Pays Pty Ltd has made a single enterprise agreement with its employees known as the Berry Pays Pty. Ltd. Enterprise Agreement 2018 (the Agreement). Nicholas David King has applied for approval of the Agreement on behalf of Berry Pays.

[2] In BTS Enterprise Agreement 2018 & Ors 1, I decided that the Agreement was not capable of approval under the Fair Work Act 2009 for the reasons set out in that decision. Additional materials have now been filed on behalf of Berry Pays but they do not adequately address the identified concerns including because no further undertakings have been given.

[3] The Agreement does not meet the requirements for approval under the Act.

[4] The application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR713471>

 1   [2019] FWC 6905.