Encee Electrical Contractors Pty Ltd T/A Encee Electrical Hire

[2012] FWA 6537

[2012] FWA 6537

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Encee Electrical Contractors Pty Ltd T/A Encee Electrical Hire
(AG2012/9560)

COMMISSIONER CLOGHAN PERTH, 1 AUGUST 2012

Enterprise agreement.

[1] On 2 July 2012, Encee Electrical Contractors Pty Ltd (“the Applicant”) made application to Fair Work Australia (FWA) for approval of an enterprise agreement.

[2] The application to FWA was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[3] For the following reason, I scheduled a conference with the Applicant on 26 July 2012:

● in response to “what is the full and precise name of the agreement?”, the Applicant has responded in its application, “full time employment contract”. I note that the purported enterprise agreement is described on its cover page “Fulltime Employment Contract” and contains the name of the employee it appears that the Applicant has entered into a contract of employment with;

● with respect to notice of representational rights, the Applicant has responded, “not applicable”;

● with respect to the day on which voting commenced for the purported agreement, the Applicant has also stated “not applicable”;

● it would appear that the employee was given the purported agreement and “voted” upon it on the same day; and

● the purported enterprise agreement consistently refers to the “application”, “intent”, “provisions’, “commencement”, “duration”, “operation”, “acceptance” of the “contract”.

[4] There was no appearance of the Applicant at the conference. I received no reason or explanation why the Applicant was unable to attend.

[5] For the facts outlined in paragraph [3] above, I am not satisfied that the provisions of ss.186, 187 and 188 of the FW Act, as relate to an enterprise agreement, have been met. For this reason, I must dismiss the application.

[6] In the absence of dialogue with the Applicant, I assume that the document in the application is intended to be a common law contract of employment and not an enterprise agreement.

COMMISSIONER

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