Cara Inc
[2010] FWA 1725
•9 MARCH 2010
[2010] FWA 1725 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/22562)
COMMISSIONER FOGGO | MELBOURNE, 9 MARCH 2010 |
Cara Inc Residential and Support Services Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as Cara Inc Residential and Support Services Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
[2] The agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) and is thus subject to the approval requirements of Sub-division B, Division 4, Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act during the bridging period.
[3] The Agreement does not meet the base mandatory requirements of the Act in so far as the notice of representational rights was not issued at least 21 days prior to the date on which the employees were requested to approve the Agreement as required by s.181(2) of the Act.
[4] The Cara Inc Residential and Support Services Agreement does not meet the provisions for approval and cannot be approved.
COMMISSIONER
1 Section 2, Part 1, Schedule 2. the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
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