A1 Property Services Pty Ltd
[2010] FWA 1563
•24 FEBRUARY 2010
[2010] FWA 1563 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/14498)
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 24 FEBRUARY 2010 |
A1 Property Services Pty Ltd Enterprise Agreement Number One (2009).
[1] On 14 December 2009 I issued Preliminary Findings relative to this matter, which were sent to the employer’s representative.
[2] I sought clarification relative to the agreement making process. This advice was to be provided by 4 January 2010 either in written form or by way of a request for a hearing.
[3] No advice was received in the designated time-frame. The matter was listed for hearing on 9 February 2010 which was again sent to the employer’s representative by email and post. There was no appearance made at this hearing.
[4] On 10 February 2010, I issued directions and a further listing of the matter for 23 February 2010 which was sent by facsimile and post directly to the employer. These directions read in part:
“... I expect a direct employee of A1 Property Services Pty Ltd, with authority to represent the company, to attend this hearing. In the event that A1 Property Services Pty Ltd does not attend this hearing, I propose to dismiss the application.”
[5] Neither the employer, nor their representative, attended this hearing.
[6] As a consequence I do not consider that the agreement was reached through a process consistent with s.180 of the Fair Work Act 2009 and that it meets the no disadvantage test. I hereby order that the above application is dismissed.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
, <Price code A, PR994234>
0
0
0