Downer EDI Engineering Power Pty Ltd; "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
[2010] FWA 885
•8 FEBRUARY 2010
[2010] FWA 885 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
(AG2010/5325)
COMMISSIONER RYAN | MELBOURNE, 8 FEBRUARY 2010 |
Downer EDI Engineering Power Pty Ltd Westernport Workshop and Site Maintenance Agreement 2009-2012 – Application dismissed.
[1] Pursuant to s.182(3) the greenfields agreement was made on 23 December 2009, the date the agreement was signed by both Downer EDI Engineering Power Pty Ltd (the employer) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) (the union).
[2] The application for approval of the greenfields agreement was made to Fair Work Australia (FWA) on 1 February 2010.
[3] S.185(4) of the Act requires that an application for approval of a greenfields agreement must be made within 14 days of the date that the agreement was made. No extension of time is permitted in relation to late applications for approval of greenfields agreements. Such as clear from the contrasting language in s.185(3) and (4).
[4] An application for approval of an enterprise agreement is only properly before FWA if the requirements of s.185 have been met.
[5] Failure to meet the requirements of s.185(4) in this matter means that the application must be dismissed.
COMMISSIONER
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