CTB Contracting Pty Ltd T/A CTB Contracting and CTB Mining Services

[2012] FWA 3895

[2012] FWA 3895

FAIR WORK AUSTRALIA

DECISION

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

CTB Contracting Pty Ltd T/A CTB Contracting and CTB Mining Services
(AG2012/1052)

COMMISSIONER STEEL ADELAIDE, 4 MAY 2012

Caval Ridge Project Employment Agreement [2012].

[1] This decision involves and application pursuant to s.185 of the Fair Work Act 2009 (the Act) made by CTB Contracting Pty Ltd and CTB Mining Services as nominated on the required Form F16 - Application for Approval of an Enterprise Agreement.

[2] The Form F17 - Employer’s Declaration in Support of Application for Approval of an Enterprise Agreement however indicates and identifies the employer as CTB Contracting Pty Ltd only.

[3] The Form F17 further indicates that no employees have been engaged and no employee organisations are party to the proposed agreement or have been involved in the formation of the proposed agreement.

[4] The proposed agreement itself at clause 2(b) identifies three employee organisations as “parties to the agreement.”

[5] It would seem that the documents received within this application are intended to be considered as a single employer greenfields agreement, but have not been executed in accordance with s.172(2) of the Act and the Regulations.

[6] Accordingly the proposed agreement cannot be approved and hence the application for approval is dismissed.

COMMISSIONER

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