Freshwater Creek Steiner School Association Incorporated

[2011] FWA 1899

[2011] FWA 1899

FAIR WORK AUSTRALIA

DECISION

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

Freshwater Creek Steiner School Association Incorporated
(AG2010/15666)

COMMISSIONER ROE MELBOURNE, 29 MARCH 2011

Freshwater Creek Steiner School Agreement 2010.

[1] An application has been made for approval of an enterprise agreement known as the Freshwater Creek Steiner School Agreement 2010 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freshwater Creek Steiner School Association Incorporated (the Applicant). The agreement is a single-enterprise agreement.

[2] The Application was lodged in December 2010 and was allocated to me on 22 December 2010. I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 4 January 2011. The most significant issue I raised was that it appeared that a notice of representational rights had been issued either one day prior to the commencement of voting on the agreement or at best six days prior to the commencement of voting. I advised that this appeared to be inconsistent with the requirement to provide the notice 21 days prior to the commencement of voting.

[3] I was satisfied that the content of the proposed Agreement met the requirements of the legislation for approval. My only concerns related to the bargaining and approval process.

[4] On 11 January I received advice from the Applicant that the school was closed until 28 January and they would attend to the issues raised after that date. I received advice from the bargaining representative, the IEUA on 2 February 2011 that the school was making further enquiries about the matters raised and that they would let us know as soon as possible. No further response was received.

[5] On 28 March 2011 I rang the Business Manager of the Applicant Mr David MacFie. He confirmed that the notice of representational rights had not been issued 21 days prior to the commencement of voting and that therefore a new notice had been issued and a new vote would be shortly conducted given that 21 days had elapsed since the issuing of the new notice. I advised Mr MacFie that I would issue a decision refusing the current Application and that I looked forward to receiving the new Application shortly if the employees voted in favour of the proposed Agreement.

[6] As the notice of representational rights was not provided to employees consistent with Section 181(2) of the Act I cannot approve the Agreement. The Application is dismissed.

COMMISSIONER

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