Brunel Technical Services Pty Ltd

[2013] FWC 9398

[2013] FWC 9398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2013/11359)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 NOVEMBER 2013

Application for approval of the Brunel Technical Services Pty Ltd- AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Pty Ltd- AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Brunel Technical Services Pty Ltd. The Agreement is a greenfields agreement.

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement was made by Mr Colin Saunders, the Industrial Relations Advisor of Brunel Technical Services Pty Ltd. The Agreement was signed by Mr Craig Follett, the Director of Brunel Technical Services Pty Ltd and Mr Steve McCartney of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), State Secretary on 9 October 2013.

[3] Section 185(4) of the Act states that “if the agreement is a greenfields agreement, the application must be made within 14 days after the agreement is made”. There is no provision in the Act allowing me to extend the time for making of an application to approve a Greenfields Agreement. The application was lodged on 7 November 2013, over two weeks out of time.

[4] The application for approval is dismissed on the basis that the application was made out of time.

DEPUTY PRESIDENT

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