Bertie Investments Pty Ltd T/A Donut King Garden City and Inala

[2010] FWA 8115

[2010] FWA 8115

FAIR WORK AUSTRALIA

DECISION

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

Bertie Investments Pty Ltd T/A Donut King Garden City and Inala
(AG2010/5354)

Retail industry
COMMISSIONER ASBURY	BRISBANE, 20 OCTOBER 2010

Bertie Investments Pty Ltd Enterprise Agreement.

[1] On 4 February 2010, Bertie Investments Pty Ltd t/a Donut King Garden City and Inala lodged an application under s.185 of the Fair Work Act 2009 (the FW Act), for approval of the Bertie Investments Pty Ltd Enterprise Agreement (the Agreement). Hearings in relation to this Agreement were held on 31 March 2010, 25 June 2010 and 6 July 2010, at which the National Retail Association was informed of a number of issues relating to this and other agreements.

[2] The employer declaration states at 2.1 that the agreement was made on 29 December 2009, and the application for approval was lodged on 4 February 2010. At 2.2 of the employer declaration, there is no request for an extension of time in which to file the application for approval of the agreement.

[3] Section 185(3)(a) of the Fair Work Act 2009 provides that an application for approval “must” be made within 14 days after the agreement is made. Section 185(3)(b) confers a discretion on Fair Work Australia to extend time. However, by virtue of Item 15, Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the power to extend time does not apply in relation to agreements made during the bridging period - 18 December 2009 to 31 December 2009. The agreement was made during the bridging period, and was lodged on 4 February 2010, outside the 14 day time period. The application for approval of this agreement must be refused. I order accordingly.

COMMISSIONER

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