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

[2013] FWC 3475

[2013] FWC 3475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/6463)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 31 MAY 2013

Application for approval of the Quorum Security Systems Pty Ltd and ETU Greenfields Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Quorum Security Systems Pty Ltd and ETU Greenfields Agreement 2010-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Union). The Agreement is a single-enterprise agreement.

[2] The Agreement is a Greenfields Agreement but the application and the supporting documents were originally filed on the wrong forms. The Union rectified this by filing the correct forms prior to the hearing.

[3] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement was made by Mr Nicholas Robertson, the General Manager of Quroum Security Systems Pty Ltd. Mr Robertson stated at 2.1 of his Declaration that the Agreement was made on 15 March 2013. The Agreement was also signed on that date.

[4] 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 15 May 2013, over eight weeks out of time. Even if the first application had correctly been made, that application was not made until 9 April 2013, some 25 days after the Greenfields Agreement had been made.

[5] The application for approval is dismissed on the basis that the application was made out of time.

DEPUTY PRESIDENT

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