David Fryatt
[2011] FWA 4840
•25 JULY 2011
[2011] FWA 4840 |
|
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
(AG2011/10220)
Clerical industry | |
DEPUTY PRESIDENT HARRISON | NEWCASTLE, 25 JULY 2011 |
Application for approval of the Stacks/Taree and David Fryatt Overtime Meal Allowance Enterprise Agreement.
[1] The application in this matter was lodged on 21 June 2011.
[2] On 27 June 2011 a Statement of Preliminary Findings was issued seeking submissions from the applicant parties in respect to whether the proposed agreement was a collective agreement for the purpose of s171 and s172 of the Fair Work Act (“the Act”).
[3] The parties’ attention was also drawn to issues in respect to s169 of the Act; and better and further particulars were sought in respect to the employment arrangement in order that the Better Off Overall Test could be applied.
[4] The parties were afforded 21 days in which to make written submissions.
[5] There has been no response from the parties to date. Further enquiries by telephone have been unsuccessful.
[6] In the absence of the information sought and no response from the parties, I am unable to apply the statutory tests necessary for approval of the agreement. Accordingly I decline to do so.
[7] The application for approval of a single enterprise agreement is refused.
DEPUTY PRESIDENT
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