Castricum Food Service Pty Ltd
[2010] FWA 80
•11 JANUARY 2010
[2010] FWA 80 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/22421)
COMMISSIONER SMITH | MELBOURNE, 11 JANUARY 2010 |
Castricum Food Service Pty Ltd Agreement 2009 - s.181(2) – application refused .
[1] This is an application under section 185 of the Fair Work Act 2009 (Act) for the approval of a single-enterprise agreement.
[2] The statutory declaration of Ms Mandi Bryant dated 10 December 2009 made in support of the application states that the agreement was made on 9 December 2009. It also stated that the last notice of representational rights was provided to the employees on 18 November 2009 and the employer first requested that the employees approve the agreement by voting for it on 1 December 2009.
[3] The procedural requirements for making an enterprise agreement capable of being approved under the Act are set out in Part 2–4.
[4] Section 181 of that Part provides that an employer may request the employees to approve the agreement by voting for it. Section 181(2) 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.
[5] In this instance there has not been compliance with the 21 day requirement in s.181(2).
[6] Therefore, pursuant to section 185 of the Act, I decline to approve the agreement.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code A, PR992383>
0
0
0