Villacare Pty Ltd

[2019] FWC 1160

[2019] FWC 1160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Villacare Pty Ltd
(AG2018/2991)

COMMISSIONER MCKINNON MELBOURNE, 21 FEBRUARY 2019

Application for approval of the Redstar Transport and Transport Workers Union Enterprise Agreement 2017.

[1] Villacare Pty Ltd (Villacare) has applied for approval of a single-enterprise agreement known as the Redstar Transport and Transport Workers Union Enterprise Agreement 2017 (the Agreement) under section 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was heard on 14 November 2018. A number of issues were raised with Villacare in relation to whether the Agreement met the better off overall test, and an opportunity to provide undertakings was provided.

[3] No undertakings were provided after the hearing. The Commission was subsequently advised that on 20 December 2018, Villacare was placed in liquidation.

[4] On the material before me, I am not satisfied that the Agreement passes the better off overall test. The application is dismissed.

COMMISSIONER

Appearances:

Ms G. Rips for the Applicant

Ms T. Walton for the Transport Workers’ Union of Australia

Hearing details:

2018.

Melbourne and Sydney (by video):

14 November

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