Trabme Pty Ltd; Boedry Pty Ltd

[2012] FWA 7378

[2012] FWA 7378

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Trabme Pty Ltd; Boedry Pty Ltd
(AG2012/5844)

Real estate industry
COMMISSIONER ASBURY	BRISBANE, 27 AUGUST 2012

Change of employer name and title of agreement.

[1] Boedry Pty Ltd and Trabme Pty Ltd trading as Elders Redcliffe and Acacia Ridge (the Applicant), have made an application under s.210 of the Fair Work Act 2009 (the Act),to vary the Vestwell Pty Ltd Enterprise Agreement 2010 (the Agreement). The Agreement was approved on 6 April 2011 and has a nominal expiry date of 6 April 2014.

[2] The Employer Declaration in support of the variation of the Agreement - Form F23A indicates that the variation is “for a change of employer only...caused by a merger”. The Employer Declaration has not been properly completed and there is no indication that there was a voting process in relation to the variation or that an explanation was provided to employees about the terms of the variation and the effect of those terms.

[3] A hearing into the application was conducted on 13 July 2012. During the course of the hearing it became apparent that Vestwell Pty Ltd, the employer bound by the Agreement, has merged with a number of other entities to form a new company. Employees of Vestwell Pty Ltd are now employees of the new company. The effect of the variation sought is to simply change the title of the Agreement.

[4] I referred the Applicant to the provisions of the Fair Work Act 2009 in Division 2 Part 2-8. The Applicant confirmed that there had been a transfer of business consistent with the provisions in that Division. I also indicated to the Applicant that it may wish to seek advice from the employer organisation of which it is a member to confirm this view.

[5] In the circumstances, there is no reason for the application to be progressed. The application has not been made in accordance with the Act; there are deficiencies in the process followed by the Applicant in relation to the approval of employees; and the Applicant indicated that it did not intend to press the application. Pursuant to s.587(a) of the Act, the application is dismissed.

COMMISSIONER

Appearances:

Mr T. Ryan and Ms S. Dartnall on behalf of the Applicant.

Hearing details:

2012.
Brisbane:
July 13.

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