Best Fab Pty Ltd

[2013] FWC 1153

[2013] FWC 1153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Fab Pty Ltd
(AG2013/288)

COMMISSIONER GOOLEY MELBOURNE, 19 FEBRUARY 2013

Best Fab Collective Agreement 2012-2015.

[1] On 11 February 2013, Best Fab Pty Ltd (the Applicant) lodged an application for approval of the Best Fab Collective Agreement 2012-2015 (the Agreement).

[2] In the employer declaration filed with the application, the Applicant stated that the last notice of representational rights was given to employees on 16 January 2013 and voting commenced on 22 January 2013.

[3] Section 181 of the Fair Work Act 2009 (the Act) provides as follows:

“181 Employers may request employees to approve a proposed enterprise agreement

(1) An employer that will be covered by a proposed enterprise agreement

may request the employees employed at the time who will be covered by the agreement to approve the agreement by voting for it.

(2) The request must not be made until at least 21 days after the day on which the last notice under subsection 173(1) (which deals with giving notice of employee representational rights) in relation to the agreement is given.

(3) Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.”

[4] On 13 February 2013 I advised the Applicant that as the voting commenced earlier than permitted by section 181 of the Act, the Agreement could not be approved.

[5] This matter was listed for hearing on 18 February 2013 and Mr Mohammad Sharief, who appeared for the Applicant, confirmed the matters set out in the employer declaration.

[6] As voting commenced earlier than permitted by section 181 of the Act, I cannot approve the Agreement. The Application for approval of the Agreement is dismissed.

COMMISSIONER

Appearances:

M Sharief for the Applicant

A Scott for the Applicant

Hearing details:

2013.

Melbourne:

February 18.

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