Trac Group Pty Ltd

[2010] FWA 7665

[2010] FWA 7665

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Trac Group Pty Ltd
(AG2009/22346)

TRAC GROUP PTY LTD ENTERPRISE AGREEMENT 2009

Wholesale and retail trade
COMMISSIONER CLOGHAN	PERTH, 30 SEPTEMBER 2010

Application for approval of the Trac Group Pty Ltd Enterprise Agreement 2009.

[1] On 22 December 2009, Trac Group Pty Ltd made application for approval of a single enterprise agreement to be known as the Trac Group Pty Ltd Enterprise Agreement 2009 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”).

[2] The Agreement was approved by ballot which concluded on 20 December 2009.

[3] Fair Work Australia must approve an enterprise agreement pursuant to s.186 of the Act if the requirements set out in that section, s.187 and s.188 are met.

[4] The application was the subject of a conference on 15 April and 29 September 2010.

[5] At the 15 April 2010 conference, I raised with the Applicant’s representative concerns I had with the proposed Agreement.

[6] On 29 September 2010, the Applicant’s representative advised that the Applicant was in the process of selling the business and did not wish to give any undertakings regarding the Agreement.

[7] Accordingly, I am not satisfied that the provisions in ss.186, 187 and 188, as relevant to this application, have been met and consequently, unable to approve the Agreement.

COMMISSIONER

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