RBW Holdings Pty Ltd

[2010] FWA 9149

[2010] FWA 9149

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RBW Holdings Pty Ltd
(AG2009/20240)

Restaurants
COMMISSIONER CRIBB	MELBOURNE, 29 NOVEMBER 2010

Application for approval of the RBW Holdings Pty Ltd Employee Enterprise Agreement - application dismissed.

[1] An application has been made for approval of an enterprise agreement known as the RBW Holdings Pty Ltd Employee Enterprise Agreement (the Agreement). The application was pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by RBW Holdings Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 30 June 2010, the Tribunal wrote to RBW Holdings Pty Ltd with a number of queries regarding the Agreement. No response was received to that letter, nor to further correspondence sent to the company on 16 November 2010 and 25 November 2010.

[3] In assessing the requirements of ss.186, 187 and 188 of the Act for approval of the Agreement, I am unable to determine whether the wage rates in Attachments A and B pass the no disadvantage test. This is despite initially requesting further information regarding the wage rates, from the company, on 30 June 2010.

[4] With respect to clause 13 of the Agreement (Preferred Hours Arrangement), the company was notified on 30 June 2010 that an undertaking with respect to this clause would be acceptable. However, no undertaking has been provided to the Tribunal.

[5] In terms of clause 6 of the Agreement (Dispute Resolution), there has been no response received from the company regarding the absence of a provision providing for the representation of employees in this process.

[6] Therefore, on the material before me, I am not satisfied that the requirements of the Act for approval of the Agreement have been met.

[7] Accordingly, the application is dismissed.

COMMISSIONER

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