7 - 10 Split Pty Ltd T/A Seven Ten Split

[2010] FWA 9272

[2010] FWA 9272

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

7 - 10 Split Pty Ltd T/A Seven Ten Split
(AG2010/11139)

Amusement, events and recreation industry
COMMISSIONER CAMBRIDGE	SYDNEY, 1 DECEMBER 2010

Application for approval of the Seven Ten Split Agreement

[1] An application has been made for approval of an enterprise agreement known as the Seven Ten Split Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 7-10 Split Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 16 June 2010. The application included a Statutory Declaration of Ang Ly made on behalf of the Employer and dated 9 June 2010, (the Declaration). The Declaration stated that the Agreement was made on 3 June 2010, thereby satisfying the 14 day lodgement time limit established by s. 185 (3) of the Act.

[3] The application for approval has been considered having regard for earlier, related Decisions of Fair Work Australia (FWA) in matters AG2010/6903 and AG2010/9465.

[4] On 26 July 2010, my Associate provided the Employer with written communication which sought to clarify aspects of the application and included an invitation for the Employer to consider making Undertakings pursuant to s.190 of the Act, and in similar terms to those provided to FWA as recorded in Decisions [2010] FWAA 2548 and [2010] FWAA 2932.

[5] Unfortunately the Employer has not provided any Undertakings or further submissions as may have been anticipated in response to the communication from my Associate dated 26 July last. In the absence of any further communication from the Employer I am unable to be satisfied that each of the requirements of ss. 186, 187 and 188 of the Act has been met.

[6] Consequently, for the reasons stated above, the application has not satisfied ss.186, 187 and 188 the Act and therefore the approval sought pursuant to s. 185 of the Act must be refused. Accordingly the application is dismissed.

COMMISSIONER

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