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austlii:cth/FWCA/2016/7876
appellant. Agreement approved; nominal expiry date 31 October 2020; operation from 7 November 2016
1 cited instrument linked from this judgment.
The Fair Work Commission approved an enterprise agreement for Sodexo Australia Pty Ltd covering custodial services. The Commissioner found that with written undertakings provided by the employer, the agreement met all statutory requirements under the Fair Work Act 2009. Although the agreement did not cover all employees, the group covered was fairly chosen. The agreement was approved to operate from 7 November 2016 with a nominal expiry date of 31 October 2020. Note: This decision was later quashed by a Full Bench decision on 29 November 2016.
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[2016] FWCA 7876 [Note: This decision has been quashed - refer to Full Bench decision dated 29 November 2016 [2016] FWCFB 8531 ]
s.185 - Enterprise agreement
Application for approval of the SXO Custodial Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the SXO Custodial Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sodexo Australia Pty Ltd T/As Sodexo Australia. The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The Agreement was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 31 October 2020.
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Agreement approved; nominal expiry date 31 October 2020; operation from 7 November 2016