Connect Workforce Pty Ltd
[2010] FWA 1663
•26 FEBRUARY 2010
[2010] FWA 1663 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
s.185 - Application for approval of single enterprise agreement
(AG2010/5826)
Connect Workforce Pty Ltd and the Construction, Forestry, Mining and Energy Union ACT Branch Collective Agreement 2010-2012
COMMISSIONER DEEGAN | CANBERRA, 26 FEBRUARY 2010 |
[1] This decision concerns an application filed by the Construction, Forestry, Mining and Energy Union (“CFMEU”) on behalf of Connect Workforce Pty Ltd on 12 February 2010 for approval of the Connect Workforce Pty Ltd and the Construction, Forestry, Mining and Energy Union ACT Branch Collective Agreement 2010-2012 (“the agreement”) pursuant to section 185 of the Fair Work Act 2009 (the Act).
Legislation
[2] Section 181 relevantly states:
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.
[3] It is a mandatory requirement of s.181(2) of the Act that the request to approve an enterprise agreement not be made by the employer until at least 21 days after the last notice of employee representational rights is given.
[4] The Form 17 – Employer Statutory Declaration in support of the application states that the date on which the employer provided the last notice to employees of their representational rights was 8 February 2010, that the employees were first requested to vote for the agreement on 11 December 2009 and that the agreement was made on 12 February 2010.
[5] The Form 18 – Statutory Declaration from the Assistant Secretary of the CFMEU states that he agrees with the information supplied by the employer in the employer’s statutory declaration.
[6] The information relied upon was supplied by way of statutory declaration and it is incumbent upon the persons making the statutory declarations to ensure the information provided in them is correct, as penalties apply for making false statutory declarations.
[7] On the basis of the information supplied in the statutory declarations accompanying the application for approval the mandatory requirements of s.181 of the Act have not been complied with and I am unable to approve the agreement.
[8] The application for approval is dismissed.
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