Gapcomm Interiors Pty Ltd
[2009] FWA 1045
•11 NOVEMBER 2009
[2009] FWA 1045 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/17152)
COMMISSIONER HARRISON | SYDNEY, 11 NOVEMBER 2009 |
Gapcomm Interiors Pty Ltd Employee Collective Agreement 2009.
[1] An application has been made by Gapcomm Interiors Pty Ltd for approval of an enterprise agreement known as the Gapcomm Interiors Pty Ltd Employee Collective Agreement 2009 (the Agreement). The Agreement is a single enterprise agreement.
[2] Subsection 181(2) of the Fair Work Act 2009 requires that employees not be requested to approve an enterprise agreement until 21 days after the last notice of employee representational rights has been given.
[3] The employer’s Form F17 demonstrates that this provision has not been complied with.
[4] Consequently, within the meaning of s.188 the enterprise agreement has not been genuinely agreed to by the employees.
[5] Therefore, as the requirements of s.186(2)(a) have not been met the enterprise agreement cannot be approved.
[6] The application is dismissed.
COMMISSIONER
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