T J Haus Pty Ltd T/A Subway Galeries
[2010] FWA 2343
•19 MARCH 2010
[2010] FWA 2343 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
T J Haus Pty Ltd T/A Subway Galeries
(AG2009/20384)
COMMISSIONER RAFFAELLI | SYDNEY, 19 MARCH 2010 |
TJ Haus Pty Ltd Employee Enterprise Agreement.
[1] T J Haus Pty Ltd t/a Subway Galeries (the Employer) seek approval of an agreement titled the T J Haus Pty Ltd Employee Enterprise Agreement (the Agreement).
[2] The Agreement was made during the bridging period and as such, amongst other matters, is tested against the no-disadvantage test contained in the Workplace Relations Act 1996. For this purpose the Employer states that the relevant award is the Shop Employees (State) Award – NSW (TheAward).
[3] The Agreement put forward for approval provides that “employees that work in excess of 38 hours in any one week will be paid at their ordinary rate of pay”.
[4] This seems to provide a clear disadvantage when compared to the Award.
[5] Before determining the application before me I provided an opportunity for the Employer to address these matters.
[6] At a telephone hearing on 10 February 2010, it was put by the representative of the Employer that they would provide an undertaking that might satisfy my concerns and provide it within 7 days.
[7] No further communication has been received.
[8] Given what is before me I must decline to approve the agreement.
COMMISSIONER
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