NQR Pty Ltd T/A NQR Grocery Clearance Stores

[2018] FWC 4719

[2018] FWC 4719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NQR Pty Ltd T/A NQR Grocery Clearance Stores
(AG2017/5465)

COMMISSIONER GREGORY MELBOURNE, 10 AUGUST 2018

Application for approval of the NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2017.

Introduction

[1] An application has been made under s.185 of the Fair Work Act 2009 (Cth) for approval of the NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2017 (“the Agreement”). The application is made by NQR Pty Ltd. It is a single enterprise Agreement.

[2] The application also indicates that the National Union of Workers were a Union Bargaining Representative, but there were no individual Employee Bargaining Representatives.

[3] The Commission subsequently advised the Applicant that there were a number of issues to be addressed before the application could be progressed, and it appeared that various undertakings would also be required to address concerns about the requirements of the better off overall test.

[4] However, on the 14 February 2018, the Commission was advised by the COR CORDIS, a firm of chartered accountants, that NQR Pty Ltd was placed into Voluntary Administration on 24 January 2018, and requesting that any further correspondence in regard to the Agreement be directed to its office. On 21 February 2018, the Administrators requested a two-month extension in which to provide a response to the Commission about the issues that had been raised in its earlier correspondence. They also indicated that they were endeavouring to secure a sale of the business. The Commission accordingly granted an extension until close of business on 20 April 2018 for a response to be provided.

[5] The Commission was subsequently advised by solicitors acting on behalf of the Administrators that the sale of the business had progressed, and a sale of contract was executed on 11 April 2018. It also advised that the new purchaser has elected not to retain the warehouse or the warehouse staff, and those employees were provided with notice of termination 12 April 2018 and their last day at work was 11 May 2018.

[6] It also suggested that the proposed Agreement would have no practical effect given the sale of the business. In addition, neither the Administrators nor the new purchasing entity were in a position to provide any further information or undertakings to the Commission.

[7] On 27 April 2018, the Commission wrote to the lawyers acting on behalf of the Administrators noting that nothing had been heard about the application for some time, and indicating that if the undertakings requested were not provided by 4 May 2018 the Commission would consider dismissing the application. No response was received to that correspondence.

[8] On 4 August 2018, the Commission forwarded an email to the National Union of Workers indicating that it was proposing to dismiss the application. However, given the Union’s involvement as a Union Bargaining Representative it sought an indication of its position before dealing any further with the matter. The Commission indicated that it would assist if this response could be provided by close of business on Thursday, 9 August 2018. Nothing has been heard from the National Union of Workers since that time.

[9] I am satisfied in response that given the circumstances referred to above it is appropriate for the application to now be dismissed.

COMMISSIONER

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