“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
[2011] FWA 817
•7 FEBRUARY 2011
[2011] FWA 817 |
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DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2010/2453)
COMMISSIONER RYAN | MELBOURNE, 7 FEBRUARY 2011 |
Application for approval of the Engineering Maintenance Solutions Pty Ltd Labour Hire Agreement 2009-2011.
[1] An application has been made for approval of an enterprise agreement known as the Engineering Maintenance Solutions Pty Ltd Labour Hire Agreement 2009-2011 (the agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Manufacturing Workers’ Union (AMWU). The agreement is a single-enterprise agreement.
[2] The application was filed with Fair Work Australia on 1 September 2010. An employer’s declaration in support of the application (Form F17) sworn by Benjamin Paul Dicker, Operations Manager of Engineering Maintenance Solutions Pty Ltd (the employer) was included in the application.
[3] The information completed by the employer in the Form F17 in answer to question 2.2 states that the date on which the last notice of employee representational rights was given to employees to be covered by the agreement was 6 August 2010 and that the date on which voting commenced was 16 August 2010.
[4] This information indicates that fewer than 21 days passed between the giving of the notice of representational rights (s.173(1)) and the employees being asked to approve the agreement (s.181(2)), in which case the agreement could not be approved given the need for genuine agreement by employees (s.186(2)), and given that genuine approval (s.188(a)(ii)) requires compliance with s.181(2) of the Act.
[5] The apparent non compliance with s.181(2) has been drawn to the attention of the applicant on several occasions, but without any response being made to Fair Work Australia.
[6] In the circumstances, I cannot be satisfied that the requirements of s.186(2) have been met and therefore I decline to approve the Agreement.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR506570>
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