Angie Bugeja

[2023] FWC 3071

[2023] FWC 3071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Angie Bugeja

(AG2023/4131)

DEPUTY PRESIDENT MASSON MELBOURNE, 23 NOVEMBER 2023

Application for approval of an Enterprise Agreement.

1. An application has been made for approval of an Enterprise Agreement. The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act) by Ms Angie Bugeja. The Agreement is a single enterprise agreement.

1. The Applicant filed her application with the Commission on 4 November 2023. The application consisted of the Form F16 and a pay slip. A comment was also provided with the application, which stated that the Applicant had contacted her employer about the situation and that the employer believed her pay was correct. The Applicant then provided the rate of pay she believed she was entitled to under the Social, Community, Home Care and Disability Services Industry Award 2010. A Form F17 or a signed copy of an Agreement was not filed.

1. The content contained in the Form F16 filed led Commission staff to contact the Applicant on 10 November 2023 at the email address used for filing the application, advising that the application did not appear to pertain to the approval of an Enterprise Agreement and as such confirmation was sought from the Applicant as to whether she wished to withdraw her application. The Applicant was also informed that her enquiry could instead be directed to the Fair Work Ombudsman (FWO). Further correspondence was sent to the Applicant on 14 November 2023 advising that her application appeared to be a complaint about wages. Confirmation was sought as to whether she wished to withdraw her application. Commission staff did not receive a response to these emails.

1. Following allocation of the matter to my Chambers on 16 November 2023, further correspondence was sent to the Applicant by my Chambers. The Applicant was again advised that her application appeared to be in relation to the payment of wages by her employer rather than the approval of an enterprise agreement. The Applicant was also advised that queries in relation to the payment of wages may be directed to the FWO and is not a matter that can be dealt with by the Commission in an application made under s. 185 of the Act. The Applicant was also encouraged to withdraw her application. No response was received from the Applicant. Consequently, I turn to consider the application on the material before me.

1. The Act sets out a number of statutory approval requirements for enterprise agreements. Relevantly, an application for approval of an enterprise agreement must be accompanied by a signed copy of the agreement[1] and any declarations that are required by the procedural rules to accompany the application[2]. Absent the provision of a signed agreement and completed Form F17, the application cannot have been properly made. In these circumstances I am not satisfied that the requirements of ss 185(2)(a) and 185(2)(b) have been met. As set out above, unsuccessful attempts have been made by Commission staff and by my Chambers to contact the Applicant, however no response has been received.

1. In the above circumstances the application for approval of the Eenterprise Agreement has not been properly made and must therefore be dismissed. An order giving effect to this decision will be separately issued.

DEPUTY PRESIDENT

[1] Section 185(2)(a)

[2] Section 185(2)(b)

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