Flemington Fields Pty Ltd T/A GKR Transport

[2016] FWC 2409

[2016] FWC 2409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport
(AG2016/2393)

COMMISSIONER ROE MELBOURNE, 15 APRIL 2016

Application for approval of the GKR Transport Perth Enterprise Agreement 2016 Local Operators and Yard Staff.

[1] An application has been made for approval of an enterprise agreement known as the GKR Transport Perth Enterprise Agreement 2016 Local Operators and Yard Staff (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flemington Fields Pty Ltd T/A GKR Transport. The Agreement is a single enterprise agreement.

[2] In the employer declaration filed with the application, the Applicant stated that the last notice of representational rights was given to employees on 2 February 2016 and voting commenced on 23 February 2016.

[3] Section 181 of the Fair Work Act 2009 (the Act) provides as follows:

181 Employers may request employees to approve a proposed enterprise agreement

(1) An employer that will be covered by a proposed enterprise agreement
may request the employees employed at the time who will be covered by the agreement to approve the agreement by voting for it.

(2) The request must not be made until at least 21 days after the day on which the last notice under subsection 173(1) (which deals with giving notice of employee representational rights) in relation to the agreement is given.

(3) Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.

[4] On 29 March 2016 I advised the Applicant that as the voting commenced earlier than permitted by section 181 of the Act, the Agreement could not be approved.

[5] On 5 April 2016 the applicant confirmed that the dates provided in the Form F17 were correct.

[6] As voting commenced earlier than permitted by section 181 of the Act, I cannot approve the Agreement. The Application for approval of the Agreement is dismissed.

COMMISSIONER

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