Blowflex Mouldings Pty Ltd

[2014] FWC 8673

[2014] FWC 8673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2014/6980)

DEPUTY PRESIDENT MCCARTHY PERTH, 3 DECEMBER 2014

Application for variation of the Blowflex Mouldings Pty Ltd & Australian Workers Union Enterprise Agreement 2013-2017.

[1] On 4 August 2014, an application was lodged by Blowflex Mouldings Pty Ltd (the Applicant) for the variation of the Blowflex Mouldings Pty Ltd & Australian Workers Union Enterprise Agreement 2013-2017 (the Agreement).

[2] The application lodged contained only a Form F23 - Application for approval of variation of an enterprise agreement. On 5 August 2014, the Perth Registry of the Fair Work Commission (FWC) wrote to the Applicant advising that a number of documents required to be filed with the application were missing and requested that the Applicant file the missing documentation as soon as possible. On the same day the application was allocated to me.

[3] On 25 August 2014, my Chambers wrote to the Applicant requesting that they file the missing documentation by no later than 27 August 2014.

[4] On 26 August 2014, the Applicant wrote to my Chambers advising that they could still file the relevant documentation, but noted that 14 days had passed since the vote for the variation had taken place. On the same day my Chambers responded to the Applicant advising that they were still able to file the missing documentation.

[5] On 30 September 2014, my Chambers once again wrote to the Applicant requesting that they file the missing documentation by 7 October 2014.

[6] On 7 October 2014, the Applicant filed a Form F23A - Employer’s statutory declaration in support of the variation of an enterprise agreement (Employer’s Statutory Declaration), a notice of representational rights and a copy of the variation signed by the Applicant. The Applicant still did not provide a Form F23B - Statutory declaration of employee organisation in relation to variation of an enterprise agreement or a consolidated copy of the Agreement with the variations included.

[7] As The Australian Workers’ Union (the AWU) was named as a union bargaining representative covered by the Agreement my Chambers contacted them on 8 October 2014 in relation to the application. The AWU requested that a copy of the application and the Employer’s Statutory Declaration be provided to them.
[8] On 10 October 2014, the AWU provided a signed Form F23B - Statutory declaration of employee organisation in relation to variation of an enterprise agreement (the AWU’s Statutory Declaration) in support of the variation and a copy of the variation signed by both the Applicant and the AWU.

[9] On 13 October 2014, my Chambers wrote to the Applicant requesting that they provide a consolidated copy of the Agreement as varied. On 17 October 2014, the Applicant provided a copy of the Agreement with the variations included as an Appendix to the Agreement.

[10] On 20 October 2014, my Chambers wrote to the Applicant advising that I did not regard the document provided on 17 October 2014 as a consolidated copy of the Agreement. My Chambers requested that the Applicant provide a copy of the Agreement with each clause amended to reflect the variations. The Applicant was requested to provide this by 24 October 2014. As no response was received from the Applicant in relation to this request, I listed the matter for Conference by telephone on 10 November 2014.

[11] The Conference was adjourned on the basis that the Applicant would provide my Chambers with a consolidated copy of the Agreement by 17 November 2014.

[12] To date the Applicant has not complied with this request. Accordingly, I dismiss the application pursuant to s.587 of the Fair Work Act 2009.

DEPUTY PRESIDENT

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