AT-PAC Group Pty Ltd T/A ATPAC

[2015] FWC 2515

[2015] FWC 2515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AT-PAC Group Pty Ltd T/A ATPAC
(AG2015/643)

COMMISSIONER ROE MELBOURNE, 10 APRIL 2015

Application for approval of the AT-PAC Employee Collective Scaffolding Yard Enterprise Agreement 2015 - notice of employee representational rights did not comply with the requirements of the Fair Work Act 2009 - application for approval dismissed.

[1] On 23 March 2015, AT-PAC Group Pty Ltd T/A ATPAC made application to the Fair Work Commission (the Commission) under s.185 of the Fair Work Act 2009 (the Act) for the approval of the AT-PAC Employee Collective Scaffolding Yard Enterprise Agreement 2015 (the Agreement).

[2] Section 174(1A) of the Act provides that the notice of employee representational rights must contain the content, and be in the form, prescribed by the Fair Work Regulations (the Regulations). Regulation 2.05 states:

“For subsection 174(6) of the Act, the notice of employee representational rights in Schedule 2.1 is prescribed.”

[3] The notice of employee representational rights provided to employees did not comply with the template for such a notice as set out in Schedule 2.1 of the Regulations.

[4] As the notice requirements have not complied with the approval steps under s.174 of the Act, I am unable to approve Agreement.

[5] The application in this matter is therefore dismissed.

COMMISSIONER

<Price code A, PR562998>