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[2018] FWC 2486
Fair Work Commission
2018-05-09
Original judgment source is linked above.
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees
CANAVAN BUILDING PTY LTD ENTERPRISE AGREEMENT 2014
Application for an order relating to instruments covering new employer and non-transferring employees.
[1] Coalcliff Constructions Pty Ltd has made an application pursuant to section 318 of the Fair Work Act, 2009 (the Act) for an Order that the Canavan Building Pty Ltd Enterprise Agreement 2014[1] (the Agreement), covers the Applicant and all employees who transferred from Canavan Building Pty Ltd on 22 February 2018.
[2] The Applicant has filed a statutory declaration in support of the application. Each of the six transferring employees have also filed statutory declarations in support of the application. I have taken these statutory declarations into account.
[3] Following a Conference with the Applicant's representative on 10 April 2018 and the provision of the above mentioned statutory declarations, I am satisfied that it is appropriate to grant the Order sought by the Applicant.
[4] On the basis that there are no non transferring employees employed by the Applicant, there is no need to deal with the application for an Order pursuant to section 319 of the Act.
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