TRANSFER OF BUSINESS – enterprise agreement – s.318 Fair Work Act 2009 – application for an order relating to instruments covering new employer and transferring employees – Commission had previously declined to exercise discretion to make an order under s.318(1) of FW Act in relation to Transferring Employees covered by the Hunter Water Australia P/L General Employees’ Agreement in [2015] FWC 7916 – further application lodged by ALS and additional undertakings offered to address concerns identified in Commission’s earlier decision – Commission considered mandatory factors in s.318(3) of FW Act – further evidence provided demonstrated that 18 of 21 Transferring Employees agreed with proposed order – satisfied that areas of disadvantage for Transferring Employees relating to ordinary hours of work and overtime addressed in new undertakings – having regard to new undertakings and those previously provided, Commission satisfied that Transferring Employees would not be disadvantaged by order sought – satisfied making order in the public interest to make order – appropriate to exercise discretion to make an order – order issued. Australian Laboratory Services P/L
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