ASME Pty Ltd
[2010] FWA 4856
•1 JULY 2010
[2010] FWA 4856 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
ASME Pty Ltd
(AG2010/7397)
COMMISSIONER RAFFAELLI | SYDNEY, 1 JULY 2010 |
Application for approval of the ASME PTY LTD Certified Agreement 2010 - 2013.
[1] An application has been made for approval of an enterprise agreement known as ASME PTY LTD Certified Agreement 2010 - 2013 (the Agreement).The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.
[2] It was apparent from the Form F17 that 21 days had not passed between the time of giving a notice of representational rights (s.173(1)) and the employees being asked to approve the Agreement (s.181(1)). The situation was confirmed later, by the Applicant during a telephone hearing to be that the vote of approval of the Agreement occurred on 7 March 2010 and the representational notice advice was given on 7 March 2010.
[3] Clearly the 21 days period (s.181(2)) has not been complied with.
[4] Because of s.188(a)(ii) I am unable to be satisfied that the Agreement has been genuinely agreed.
[5] I decline to approve the Agreement.
COMMISSIONER
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