Transfer of business – enterprise agreement – s.319 Fair Work Act 2009 – application by new employer seeking orders that non-transferring employees who perform transferring work be covered IPCA (Vic) Enterprise Agreement 2012 – Commission sought additional information about how non-transferring employees would not be disadvantaged under the Agreement – concerns regarding the exclusion of penalty payments for weekends and at night which could result in employees working high proportion of weekends or at night being disadvantaged compared to the Award – employer contended the Agreement met Better Off Overall Test – BOOT based on number of rosters provided by employers to be covered by the Agreement – submitted based on representative rosters provided employees would not be disadvantaged under the Agreement – Commission noted test under s.319(3)(b) of FW Act different from BOOT – Commission found employees could be disadvantaged by making order – satisfied concerns could be overcome by combination of two methods proposed by employer – signed undertaking and incorporation of undertaking into new contract of employment for existing and future employees – employer directed to deliver documents by 13 January 2016 – if documents not provided by due date application dismissed. Sub Regional Investments P/L atf the Sub Regional Investment Trust.
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