Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Plumbing Division Western Australian Divisional Branch

[2009] FWA 963

[2009] FWA 963

FAIR WORK AUSTRALIA

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-Plumbing Division Western Australian Divisional Branch
(AG2009/15853)

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 5 NOVEMBER 2009

NRP Electrical Services Contracting Division Union Collective Agreement 2009.

[1] An application has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of an enterprise agreement known as the NRP Electrical Services Contracting Division Union Collective Agreement 2009 (the Agreement). The Agreement is a single enterprise agreement.

[2] Subsection 181(2) of the Fair Work Act 2009 requires that employees not be requested to approve an enterprise agreement until 21 days after the last notice of employee representational rights has been given.

[3] The employer’s Form F17 demonstrates that this provision has not been complied with.

[4] Consequently, within the meaning of s. 188 the enterprise agreement has not been genuinely agreed to by the employees.

[5] Therefore, because s. 186(2)(a) has not been met the enterprise agreement cannot be approved.

[6] This application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR990464>