Court Craft (Aust)

[2019] FWC 4822

[2019] FWC 4822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Court Craft (Aust)
(AG2019/1348)

COURT CRAFT (AUST) PTY LTD COLLECTIVE AGREEMENT 2007

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 JULY 2019

Application for variation of the Court Craft (aust) Pty Ltd Collective Agreement 2007.

[1] An application has been made for approval of a variation to the Court Craft (aust) Pty Ltd Collective Agreement 2007 (the Agreement). The application was made by Court Craft (Aust) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] On 24 April 2019 staff of the Fair Work Commission (the Commission) sent an email to the Applicant, Ms Loughlin, noting a Form F23A, Form F23B (if required), copy of the variation document and a copy of the Agreement as varied did not appear to have been provided when the Application was lodged with the Commission. No response was received.

[3] On 5 June 2019 staff of the Commission sent an email to the Applicant seeking a response. No response was received.

[4] On 27 June 2019 staff of the Commission sent another email to the Applicant noting no response had been received and that the application could not be progressed until the requested documents were received.

[5] On 27 June 2019 a response was received from Ms Loughlin stating documents would be requested and submitted accordingly once changes are agreed.

[6] Section 210 of the Act sets out requirements for the Commission’s approval of a variation of an enterprise agreement. It relevantly provides as follows:

…

Material to accompany the application

(2) The application must be accompanied by:

(a) a signed copy of the variation; and

(b) a copy of the agreement as proposed to be varied; and

(c) any declarations that are required by the procedural rules to accompany the application.

[7] Section 210(2) requires that a signed copy of the variation, a copy of the agreement as proposed to be varied and any declarations that are required by the procedural rules must accompany an application. This has not been provided to the Commission.

[8] I am not satisfied the requirement of section 210 of the Act have been met.

[9] The Applicant has been given opportunities to provide these document but has not provided them despite efforts by staff of the Commission to procure this document.

[10] For these reasons the Applicant is dismissed.

DEPUTY PRESIDENT

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