CURA Group Hospital T/A Chesterville Day Hospital
[2010] FWA 1158
•15 FEBRUARY 2010
[2010] FWA 1158 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2010/4291)
CURA Group Hospital T/A Chesterville Day Hospital
(AG2010/4292)
COMMISSIONER MCKENNA | SYDNEY, 15 FEBRUARY 2010 |
Chesterville Day Hospital Casual Nursing Employees Enterprise Agreement 2009-2010.
Chesterville Day Hospital Nursing Employees Enterprise Agreement 2009-2010.
[1] The Forms F17 (Employer’s Declaration in Support of Application for Approval of Enterprise Agreement) indicated these applications were made on 30 December 2009. The applications were filed outside the period of fourteen days for making an application, as specified in s.185(3) of the Fair Work Act 2009 (“the Act”). Ordinarily, Fair Work Australia may, pursuant to s.185(3)(b) of the Act, extend that period. However, as these applications were made in the period 18 December to 31 December 2009, that usual discretion does not exist, given the operation of item 15 of Sch.7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 - which provides:
15 No extension of time to apply for approval of agreement made in final 14 days of bridging period
Paragraph 185(3)(b) of the FW Act (which deals with extending the period within which an application must be made to FWA for approval of an enterprise agreement) does not apply in relation to an enterprise agreement made during the period of 14 days ending at the end of the bridging period.
Note: If an application for approval of an enterprise agreement referred to in this item is not made to FWA within 14 days of it being made:
(a) FWA cannot approve the agreement; but
(b) Another enterprise agreement may be made in accordance with Part 2-4 of the FW Act.
[2] The applicant’s representative was given notice of these provisions as they concerned any extension prior to any listing of the matter.
[3] I should note also that only the copies of the Forms F16, F17 and the signatures pages of the agreements had been filed as at the date of the hearing, albeit the absence of copies of the agreements was also the subject of communications prior to the listing. Moreover, the Forms F17, which are statutory declarations, had not been witnessed.
[4] On the listing of the applications today, Ms G Collier, Industrial Relations Consulting Pty Ltd, initially submitted she had been instructed to seek a hearing to address the lateness of applications. However, in circumstances where there could be no extension, she subsequently withdrew the applications.
[5] The proceedings are concluded accordingly.
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