Pancake Parlour [A.C.T.] Employee Collective Agreement 2007

[2012] FWA 8421

[2012] FWA 8421

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Pancake Parlour [A.C.T.] Employee Collective Agreement 2007 (AG2012/11373)

Restaurants
COMMISSIONER JONES	MELBOURNE, 19 OCTOBER 2012

Application to terminate the Pancake Parlour [A.C.T.] Employee Collective Agreement 2007.

[1] An application was made pursuant to s.225 of the Fair Work Act 2009 (the Act) for the termination of the Pancake Parlour [A.C.T.] Employee Collective Agreement 2007 (the Agreement). The application was filed on 28 September 2012 by Ms Vanessa Hess.

[2] On 5 October 2012, my Chambers was sent an email prepared by Worksite Resolutions to their client, Lovely Pancakes (Alinga) Pty Ltd (ACN 117 525 943) (Lovely Pancakes Alinga), the company Ms Hess named in her Application. Worksite Resolutions noted that “the person who filed the notice with Fair Work Australia, to have your agreement terminated...is not an employee of your organisation...nor have they ever been employed by your organisation, nor have you personally met them”.

[3] Ms Hess was forwarded the correspondence. A file note records that Ms Hess advised my Associate that she had noted the “wrong ECA number and ABN on the form”.

[4] Having considered the circumstances, I am satisfied that I should exercise my discretion under s.587 of the Act and dismiss the application. An Order to this effect will be issued today.

COMMISSIONER

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