Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2013] FWC 9296

[2013] FWC 9296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/11391)

DEPUTY PRESIDENT LAWRENCE MELBOURNE, 27 NOVEMBER 2013

Clifford Wilson Mechanical Services Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seek approval of an agreement titled the Clifford Wilson Mechanical Services Pty Ltd and CEPU Major Commercial Plumbing and Mechanical Services - Union Collective Agreement 2011-2015 (the Agreement).

[2] The statutory declaration put forward in support of the application for approval of the Agreement (F17) states at clause 2.9 that there is only one employee.

[3] This is contrary to s.172(6) of the Act which provides:

“172 Making an enterprise agreement

. . .

Requirement that there be at least 2 employees

(6) An enterprise agreement cannot be made with a single employee.”

[4] In the circumstances, I decline to approve the Agreement.

DEPUTY PRESIDENT

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