143 689 936 Pty Ltd T/A EarthSmart Constructions

[2010] FWA 9334

[2010] FWA 9334

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

143 689 936 Pty Ltd T/A EarthSmart Constructions
(AG2010/17696)

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 3 DECEMBER 2010

143 689 936 Pty Ltd and Employees Enterprise Agreement 2010-2011.

[1] An application has been made for approval of an enterprise agreement known as the 143 689 936 Pty Ltd and Employees Enterprise Agreement 2010-2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 143 689 936 Pty Ltd TA EarthSmart Constructions (the applicant). The agreement is a single-enterprise agreement.

[2] Following an examination of the documents filed, I conducted a telephone conference in late September with a representative of the applicant, Ms Priscilla Meli, where I raised numerous concerns with the content of the agreement in relation to the BOOT. I also drew to the attention of the applicant’s representative that the agreement as filed had not been signed by either a representative of the employer or a representative of employees. The applicant’s representative undertook to consider the matters I raised and respond with submissions and/or undertakings.

[3] No response was subsequently received from the applicant and several phone messages which were left for Ms Meli were not responded to.

[4] A Notice of Listing was issued to the applicant on 1 December 2010 by email, facsimile and express post mail. No request to be heard in relation to this matter was received from the applicant.

[5] The application is dismissed.

COMMISSIONER

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<Price code A,  PR504646 >