“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2010] FWA 7547

[2010] FWA 7547

FAIR WORK AUSTRALIA

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)
(AG2010/1537)

COMMISSIONER RYAN MELBOURNE, 28 SEPTEMBER 2010

SA Structural Metal Engineering On-Site Construction Agreement 2009-2011.

[1] An application pursuant to s.185 of the Fair Work Act 2009 was made on 23 June 2010 by the Australian Manufacturing Workers’ Union (AMWU) for approval of a single-enterprise agreement titled SA Structural Metal Engineering On-Site Construction Agreement 2009-2011.

[2] The application did not include a Form F17 Employer’s Declaration In Support of Application for Approval of Enterprise Agreement (Form F17).

[3] A file note was made by Fair Work Australia upon lodgement of this application on 23 June 2010 that there was no Form F17 but that it would be lodged “in the next few days”.

[4] During the period July to mid September 2010 numerous enquiries were made by my Associate of both the AMWU and the employer regarding the filing of the Form F17. No response to any of these enquiries was received.

[5] In the absence of the Form F17 I cannot be satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] I therefore dismiss this application.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR502213>