Brunel Technical Services Pty Ltd

[2013] FWC 9397

[2013] FWC 9397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2013/11348)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 29 NOVEMBER 2013

Application for approval of the Brunel Technical Services Offshore Pty Ltd Western Australian Onshore and Offshore Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Offshore Pty Ltd Western Australian Onshore and Offshore Agreement 2012 (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 for Brunel Technical Services Pty Ltd. Mr Saunders stated at 2.1 of his Declaration that the Agreement was made on 9 October 2013. The Agreement was also signed on that date

[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 6 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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