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FWC full bench concerned HR made false EA declaration

An employer's extraordinary resistance to providing further information about its proposed enterprise agreement has "amplified" a Fair Work Commission full bench's concerns about its application.

After the FWC last year approved (with undertakings) the Hot Wok Food Makers Pty Ltd Workplace Agreement 2021, the United Workers' Union appealed, claiming the EA didn't satisfy the better-off-overall test and wasn't genuinely agreed to by relevant employees.

Its appeal was lodged out of time, in May this year, just a week after the Commission terminated the EA of Hot Wok's associated company Staff Services, noting it was "archaic" and had "significantly less beneficial terms" than the modern awards.

In that decision, Commissioner Jennifer Hunt heard that when parent company Mantle Group Hospitality found out workers were complaining about the Staff Services EA, it offered employees the Hot Wok Agreement to sign...

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