Gas Electrical Powerzone Services Pty Ltd

[2014] FWC 7577

[2014] FWC 7577

FAIR WORK COMMISSION

DECISION

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

Gas Electrical Powerzone Services Pty Ltd
(AG2014/9520)

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 OCTOBER 2014

Application for approval of the GAS ELECTRICAL POWERZONE SERVICES PTY LTD ENTERPRISE AGREEMENT - refusal.

[1] Gas Electrical Powerzone Services Pty Ltd (the Applicant) lodged an application on 15 October 2014 pursuant to s.185 of the Fair Work Act 2009 (the (Act) seeking approval of the Fair Work Commission (the Commission) for an enterprise Agreement entitled GAS ELECTRICAL POWERZONE SERVICES PTY LTD ENTERPRISE AGREEMENT (the Agreement).

[2] The Agreement is proposed to operate for four years from the date of approval.

[3] Attached to the application was a Notice of Employee Representational Rights “Notice” sent to employees on 28 August 2014.

[4] Section 174 of the Act, in particular subsection (1A), provides that the Notice must contain the content prescribed by the Fair Work Regulations 2009 (the Regulations), not contain any other content, and be in the form prescribed by the Regulations. Schedule 2.1 of the Regulations contains the Notice template. Any notice which modifies either the content or the form of the Notice template goes to invalidity. The Commission cannot ratify any such agreement.

[5] A Full Bench of the Commission in Peabody Moorvale Pty Ltd v CFMEU[2014] FWCFB 2042 has recently confirmed this principle.

[6] Accordingly, I decline to approve the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR557026>