Paul Sadler Swimland Pty Ltd

[2016] FWC 8974

[2016] FWC 8974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.248—Single interest employer authorisation

Paul Sadler Swimland Pty Ltd
(B2016/1304)

DEPUTY PRESIDENT HAMILTON MELBOURNE, 22 DECEMBER 2016

Application for a single interest authorisation.

[1] Paul Sadler Swimland Pty Ltd has made application for a Single Interest Employer Authorisation under section 248 of the Fair Work Act 2009(the Act) in relation to a proposed Enterprise Agreement to be known as the Paul Sadler Swimland Enterprise Agreement 2016.

[2] The application specifies the employers that will be covered by the proposed Agreement, the group of employees who will be covered by the Agreement, and the person nominated by the employers to make application if the authorisation is made. That person is Mr Wayne Pollock, Chief Executive Officer of Paul Sadler Swimland Pty Ltd.

[3] Mr Pollock has also provided a Statutory Declaration in support of the application.

[4] Having considered the terms of the application and the attached statutory declaration I am satisfied the Employers intended to be covered by the proposed agreement have agreed to bargain together and that no person has coerced or threatened to coerce any of those Employers to agree to bargain in this way.

[5] The Australian Workers’ Union (AWU) sought a copy of the application. On 20 December the AWU advised that it “no longer wishes to be heard in relation to this matter”.

[6] I am also satisfied the Employers are carrying on similar business activities under the same franchise and are all franchisees of the same franchisor.

[7] The Act provides that I must, in such circumstances, make a Single Interest Employer Authorisation in relation to the proposed Enterprise Agreement. I accordingly make the authorisation in relation to the proposed Paul Sadler Swimland Enterprise Agreement 2016. It will come into operation from the date of this decision. An order containing the authorisation is issued in PR588546.

DEPUTY PRESIDENT

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<Price code A, PR588545>