Working Solutions & Practical Alliance

[2014] FWCA 7012

[2014] FWCA 7012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Working Solutions & Practical Alliance
(AG2014/9066)

WORKING SOLUTIONS & PRACTICAL ALLIANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 OCTOBER 2014

Application for approval of the Working Solutions & Practical Alliance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Working Solutions & Practical Alliance Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by WSPA Investments Pty Ltd trading as Working Solutions & Practical Alliance (the Applicant). The agreement is a single-enterprise agreement.

[2] This is the second application made for approval of an enterprise agreement between WSPA Investments Pty Ltd trading as Working Solutions & Practical Alliance and its employees. The first application was withdrawn because the employer was not properly identified in the Notice of Employee Representational Rights, the Form F16 or the enterprise agreement.

[3] The Commission as currently constituted also dealt with that first application. In the first matter after the Commission drew the applicant’s attention to the defects in the filed material the Applicant withdrew the application. In the present matter the Notice of Employee Representational Rights and the Forms F16 and F17 all correctly identify the employer.

[4] However, the Agreement lodged with this application identified the employer as Working Solutions & Practical Alliance Pty Ltd. The name in the Agreement was neither the trading name nor the legal name of the employer and in fact there is no legal entity known as Working Solutions & Practical Alliance Pty Ltd. I raised this issue with the Applicant. The Applicant subsequently filed an amended version of the Agreement in which the employer is identified as Working Solutions & Practical Alliance. This is the trading name of the employer but not the legal name of the employer. I sought an undertaking from the employer identifying the legal name of the employer as well as its trading name.

[5] The amended Agreement changed the name of the employer. Pursuant to s.586 of the Act, I permit this correction to the Agreement. The corrected version of the Agreement is the version now approved and attached to this decision.

[6] The undertaking provided has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[7] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 13 October 2014. The nominal expiry date of the Agreement is 12 October 2018.

COMMISSIONER

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APPENDIX A