DESERT OAKS RESORT ENTERPRISE AGREEMENT 2009
[2010] FWA 2106
•12 MARCH 2010
[2010] FWA 2106 |
|
SUPPLEMENTARY DECISION |
Fair Work Act 2009
s.185 - Approval of enterprise agreement
(AG2009/14086)
DESERT OAKS RESORT ENTERPRISE AGREEMENT 2009
Northern Territory | |
COMMISSIONER THATCHER | DARWIN, 12 MARCH 2010 |
Further re application for approval of the Desert Oaks Resort Enterprise Agreement 2009.
[1] In my decision dated 2 December 2009 [[2009] FWAA 1364, PR991259] I approved an enterprise agreement known as the Desert Oaks Resort Enterprise Agreement 2009 (the Agreement) which was to operate as from 9 December 2009. The nominal expiry date of the Agreement is 2 December 2013.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), and accordingly, when considering whether to approve the Agreement I took into account the provisions of Part 2–4 of Chapter 2 of the Fair Work Act 2009 (the Act) as modified by Schedule 7 of the Transitional Act. Before approving the Agreement I was satisfied that each of the requirements of ss.186, 187 and 188 of the Act as were relevant to the application which had been made by Erldunda Motel Pty Ltd T/A Desert Oaks Resort under s.185 of the Act had been met.
[3] In paragraph 4 of that decision I noted that the Liquor, Hospitality and Miscellaneous Union (LHMU) was a bargaining representative for the Agreement and that FWA had been given notice under s.183 of the Act that the LHMU wanted the Agreement to cover it. Therefore in accordance with s.201(2) of the Act I noted that the Agreement covers the union.
[4] At today’s hearing the LHMU advised that at the time I approved the Agreement no employee who was covered by the Agreement was a member of the union. The previous notice had been given in error.
[5] As the LHMU was not a bargaining representative for the proposed enterprise agreement s.183 did not apply. Although the LHMU may be eligible to enrol employees who were to be employed under the Agreement, in the circumstances, s.201(2) had no application. Therefore I vary my decision of 2 December 2009 to omit paragraph 4 therein.
COMMISSIONER
1 Item 2, Part 1, of Schedule 2.
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<Price code A, AE872464 PR995008
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