"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2010] FWA 3329

[2010] FWA 3329

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(AG2009/24237)

Metal industry
COMMISSIONER RYAN	MELBOURNE, 27 APRIL 2010

Application for approval of the Locker Group Pty Ltd (Dandenong) Union Collective Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Locker Group Pty Ltd (Dandenong) Union Collective Agreement 2009 (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 applying to all employees of Locker Group Pty Ltd (the Employer).

[2] The application was filed with Fair Work Australia (FWA) on 23 December 2009. An employer’s declaration in support of the application (Form F17) was not provided with the application.

[3] In early February 2010 I contacted the AMWU regarding the omission of the Form F17 and was advised that the AMWU would be seeking it from the Employer.

[4] Following several further communications with the AMWU regarding the provision of the Form F17, the Employer emailed the AMWU a Form F17 in this matter on 29 March 2010. On the same day the AMWU forwarded this email to my Chambers.

[5] The Form F17 provided by the Employer was incomplete, notably there was no response to questions 2.1 or 2.2.

[6] The failure of the Employer to answer question 2.1 in Form F17 means that FWA cannot determine whether any employee was given a Notice of Representational Rights as required by s.173 of the Act. Compliance with s.173 is not optional, but is mandatory and the giving of a Notice of Representational Rights is also important in assessing compliance with s.181 of the Act.

[7] On 6 April 2010 my Associate made both the Employer and the AMWU aware of the deficiencies of the Form F17.

[8] To date a properly completed Form F17 has not been filed with FWA in this matter. This constitutes a failure by the Employer to comply with s.185(2). An enterprise agreement can only be approved if it is made under s.185. Non compliance with s.185(2) means that the application has not been validly made. I therefore dismiss the application.

COMMISSIONER

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