Construction, Forestry, Mining and Energy Union

[2014] FWC 2821

[2014] FWC 2821

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/613)

SENIOR DEPUTY PRESIDENT RICHARDS BRISBANE, 1 MAY 2014

Application for approval of single enterprise agreement - NOERR - application dismissed.

[1] On 20 March 2014, an application for approval of a single enterprise agreement was made by the Construction, Forestry, Mining and Energy Union (“the CFMEU”). The agreement was referred to as the Unison Constructions Pty Ltd and CFMEU Union Collective Agreement 2011 - 2015 (“the Agreement”).

[2] The application for approval was deficient in respect of the requirements of s.173 of the Fair Work Act 2009 (“the Act”).

[3] Section 173 of the Act provides as follows:

173 Notice of employee representational rights

Employer to notify each employee of representational rights

(1) An employer that will be covered by a proposed enterprise agreement that is not a greenfields agreement must take all reasonable steps to give notice of the right to be represented by a bargaining representative to each employee who:

(a) will be covered by the agreement; and

(b) is employed at the notification time for the agreement.

Note: For the content of the notice, see section 174.

[4] Upon enquiry, correspondence and submissions from the employer (Unison Constructions Pty Ltd) made it clear that no Notice of Employee Representational Rights was issued to the employees prior to the Agreement being voted upon.

[5] The CFMEU, as the Applicant, was made aware of the deficiency and did not challenge or provide any response to the Commission’s observation.

[6] Because the deficiency as highlighted cannot be corrected by any retrospective action or by way of an undertaking pursuant to s.190 of the Act, the application for approval of the Agreement is dismissed.

SENIOR DEPUTY PRESIDENT

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