Australian Pet Brands Pty Ltd

Case

[2010] FWA 4305

9 JUNE 2010

No judgment structure available for this case.

[2010] FWA 4305


FAIR WORK AUSTRALIA

DECISION

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

Australian Pet Brands Pty Ltd
(AG2010/9671)

COMMISSIONER MCKENNA

SYDNEY, 9 JUNE 2010

Australian Pet Brands - Dubbo Enterprise Agreement 2009.

[1] Australian Pet Brands Pty Ltd (“the applicant”) has made an application, pursuant to s.185 of the Fair Work Act 2009, for the approval of an enterprise agreement titled the Australian Pet Brands – Dubbo Enterprise Agreement (“the Agreement”). The Agreement is a single enterprise agreement.

[2] Among other matters, the employer’s declaration filed in support of the application did not provide responses to a series of questions including: the date the last notice of representational right was given; the date voting commenced; the date the Agreement was made; the number of employees who would be covered by the Agreement; the number of employees who cast a valid vote; and the number who voted to approve the Agreement. It appears the Agreement was made on 20 January 2010 but, for reasons which are not entirely clear, was not then filed until 21 May 2010.

[3] Given the obvious deficiencies in the employer’s declaration and the lateness of the application for approval, the consultant who has just recently been appointed by the applicant in connection with the application for approval (which had been filed by the applicant’s former human resources manger) withdrew the application. The National Union of Workers, New South Wales Branch (“NUW”) concurred with the withdrawal.

[4] I understand the applicant and the NUW propose to open discussions concerning the making of a replacement agreement.

[5] The proceedings are concluded.

COMMISSIONER

Appearances:

S. Bisshopp for the applicant.

M. Valentin for the National Union of Workers, New South Wales Branch.

Hearing details:

Sydney

2010

May 28;

June 9.



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