Commform Pty Ltd

[2020] FWC 6489

[2020] FWC 6489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commform Pty Ltd
(AG2020/2896)

COMMISSIONER MCKINNON MELBOURNE, 2 DECEMBER 2020

Application for approval of the Melbourne Major Road Projects Commform Pty Ltd Enterprise Agreement 2020.

[1] Commform Pty Ltd has applied under s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Melbourne Major Road Projects Commform Pty Ltd Enterprise Agreement 2020 (the Agreement).

[2] The application was accompanied by an unsigned copy of the Agreement and declarations on behalf of Commform and The Australian Workers’ Union. The application was not accompanied by a copy of the Notice of Employee Representational Rights (the Notice).

[3] On 7 October 2020 and again on 16 November 2020, I wrote to the parties about whether on the materials filed, the application met the requirements for approval of the Agreement. No response has been received either in relation to the substance of my concerns or for the purpose of requesting additional time to respond.

[4] The difficulty is that without more information, I do not know (and cannot be satisfied) that the Notice given to employees was in the prescribed form and if it was not, whether it is appropriate to waive any technical non-compliance in this regard. I am also concerned that some of the pre-approval steps do not appear to have been taken in the requisite timeframes and there is scant detail about the steps taken to explain the terms of the agreement and their effect to employees.

[5] In the circumstances, I am not satisfied that the Agreement has been genuinely agreed to by relevant employees.

[6] The application is dismissed.

COMMISSIONER

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