Alfamex Pty Ltd

[2013] FWC 5500

[2013] FWC 5500

FAIR WORK COMMISSION

DECISION

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

Alfamex Pty Ltd
(AG2013/7507)

COMMISSIONER BLAIR MELBOURNE, 9 AUGUST 2013

Application for approval of the Alfamex Pty Ltd and the CFMEU Steel Erectors Enterprise Agreement 2011-2015 - Approval refused.

[1] On 10 July 2013, Alfamex Pty Ltd applied for approval of the Alfamex Pty Ltd and the CFMEU Steel Erectors Enterprise Agreement 2011-2015 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] On the information provided with the application, in Form F17 at item 2.9, it was stated that only one person will be covered by the Agreement, only one person cast a vote and only one person voted to approve the Agreement.

[3] The Act was amended by the Fair Work Amendment Act 2012 (Amendment Act) which came into force on 1 January 2013. In schedule 4—Enterprise Agreements, of the Amendment Act a new requirement was introduced that there be at least two employees covered by an agreement and has been inserted into the Act at s.172(6) as follows:

“(6) An enterprise agreement cannot be made with a single employee.”

[4] On the information filed with the application, I was concerned that the requirement in s.172(6) of the Act, that the Agreement was made with a single employee had not been met and the Agreement cannot be approved. Accordingly on 17 July 2013, Fair Work Commission wrote to the parties to the Agreement - the Master Builders Association of Victoria on behalf of its member Alfamax Pty Ltd and the Construction, Forestry, Mining and Energy Union advising them of the concern and the view that the Agreement cannot be approved, affording them an opportunity to put submissions on the point, to correct any relevant information in the Form F17 (with supportive evidence as to the true facts) or to withdraw the application on the basis that a new agreement can be made if and when the employer employs more than one employee.

[5] Fair Work Commission has received no response to their correspondence of 17 July 2013.

[6] Accordingly, I have decided that the Agreement cannot be approved in light of s.172(6) of the Act because it was made with a single employee.

[7] The applicant for approval of the Alfamex Pty Ltd and the CFMEU Steel Erectors Enterprise Agreement 2011-2015 is refused.

COMMISSIONER

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