Ms Emma Bonanno

[2016] FWC 7234

[2016] FWC 7234

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s 225 - Application for termination of an enterprise agreement after its nominal expiry date

Ms Emma Bonanno
(AG2016/5716)

Restaurants
DEPUTY PRESIDENT SAMS	SYDNEY, 7 OCTOBER 2016

Application for termination of the Penrith Hogs Pty Ltd Enterprise Agreement 2012.

[1] This matter was listed today for conference and directions. Mr M Dusevic from United Voice represented Ms Bonanno and Mr C Agnew appeared with permission, for the respondent employer. During the conference, the Commission was advised that Penrith Hogs Pty Ltd (the ‘Employer’) has agreed to enter into discussions with its employees and their representatives to negotiate a new enterprise agreement to replace the Penrith Hogs Pty Ltd Enterprise Agreement 2012 (the ‘Agreement’) which reached its nominal expiry date on 1 July 2013.

[2] To this end, the Commission was informed that the parties will endeavour to reach a new agreement by 7 April 2017. Should agreement not be reached by this date, the Employer has agreed it will not oppose Ms Bonanno’s (the ‘applicant’) application to terminate the Agreement, pursuant to the provisions of s 225 of the Act. In the interim, the Employer has also agreed to increase the current minimum rates of pay set out in the Agreement by 3% effective from the next full pay period.

[3] By consent, this application is adjourned until 7 April 2017. At which point, if the parties have not yet applied to the Commission for the approval of a new enterprise agreement, I shall relist this matter for a further mention with a view to programming this s 225 application for hearing.

DEPUTY PRESIDENT

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