Duncan Basheer Hannon Lawyers

[2017] FWCA 1592

[2017] FWCA 1592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duncan Basheer Hannon Lawyers
(AG2016/7162)

DUNCAN BASHEER HANNON ENTERPRISE AGREEMENT NO. 9

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 20 MARCH 2017

Application for approval of the Duncan Basheer Hannon Enterprise Agreement No. 9.

Introduction

[1] An application has been made for approval of an enterprise Agreement known as the Duncan Basheer Hannon Enterprise Agreement No. 9 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by Duncan Basheer Hannon. It is a single enterprise Agreement.

[2] On reviewing the application and the accompanying Employers’ Statutory Declaration it was unclear as to when employees were notified of the date and place at which the ballot was to occur, and the voting method to be used. It was therefore unclear whether the requirements in s.180(3) of the Act had been met. The Applicant provided further clarification about this matter, which includes details about information distributed by the employee representative, and by the Applicant. I am now satisfied this requirement has been met.

[3] I am also satisfied that each of the requirements in ss.186, 187 and 188, as are relevant to the application for approval, have been met.

[4] The Australian Services Union – SA & NT Branch has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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