Premium Victoria Pty/Ltd T/A Premium Oz

[2019] FWC 302

[2019] FWC 302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees

Premium Victoria Pty/Ltd T/A Premium Oz
(AG2018/6411)

COMMISSIONER CIRKOVIC MELBOURNE, 30 JANUARY 2019

Application for an order relating to instruments covering new employer and transferring employees.

[1] An application has been made by Premium Victoria Pty Ltd T/A Premium Oz (“the Applicant”) to the Fair Work Commission (“the Commission”) for an order pursuant to section 318 of the Fair Work Act 2009 (“the Act”).

[2] The Applicant seeks the following orders:

(a) The Sun Vue Glass Pty Ltd and CFMEU Enterprise Agreement 2018 will not cover the Applicant or any employees transferring from Sun Vue Glass Pty Ltd to the Applicant (“the Transferring Employees”) in connection with a proposed transfer of business from Sun Vue Glass Pty Ltd to Premium Victoria Pty Ltd.

(b) The Transferring Employees will be covered by the Premium Victoria Pty Ltd and CFMEU Factory Enterprise Agreement 2016.

[3] The application annexed copies of the agreements above, and set out the Applicant’s grounds for seeking the orders above.

[4] The employee organisation covered by both agreements, the Construction, Forestry, Maritime, Mining and Energy Union (“the CFMMEU”) does not oppose the application.

[5] I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.318(3) of the Act. I am satisfied the materials provide by the Applicant, when considered against the matters set out in s.318(3) of the Act, support the making of the order.

[6] An order to this effect will be issued separately to this decision.

COMMISSIONER

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