Leederville Foods Pty Ltd atf North/South Unit Trust

[2012] FWA 9697

[2012] FWA 9697

FAIR WORK AUSTRALIA

DECISION
AND
REASONS FOR DECISION

Fair Work Act 2009
s.319 - Application for an order re instruments covering new employer and non-transferring employees in agreements

Leederville Foods Pty Ltd atf North/South Unit Trust
(AG2012/4631)

Retail industry
COMMISSIONER CLOGHAN	PERTH, 14 NOVEMBER 2012

Transfer of business.

[1] On 9 April 2012, Leederville Foods Pty Ltd atf North/South Unit Trust (“the Applicant”) made application to Fair Work Australia for orders in relation to transfer of business.

[2] The application sought an order pursuant to paragraph 319(1)(b) of the Fair Work Act 2009 (“the FW Act”).

[3] On 19 April 2012, I enquired of the Applicant how it intended to address paragraph 391(3)(b) of the FW Act.

[4] On 15 May 2012, the Applicant’s representative responded to the enquiry in paragraph [3] and advised that he was pursing with his client.

[5] On 3 August 2012, my Associate again requested a response to my enquiry of 19 April 2012.

[6] The Applicant’s representative responded that the Applicant had been considering a new enterprise agreement rather than transferring an existing agreement.

[7] On 15 October 2012, my Associate again followed up my enquiry.

[8] On 22 October 2012, the Applicant’s representative advised that he was pursing the matter with the Applicant. To date I have not received a response.

[9] In view of the procedural background which I have set out in paragraphs [3] to [8], this application will be dismissed pursuant to paragraph 587(3)(a) of the FW Act for want of prosecution. Accordingly, an Order will be issued with this Decision and Reasons for Decision.

COMMISSIONER

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