Glen Cameron Nominees Pty Ltd

Case

[2009] FWA 456

30 SEPTEMBER 2009

No judgment structure available for this case.

[2009] FWA 456


FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Glen Cameron Nominees Pty Ltd
(AG2009/14682)

GLEN CAMERON EBA 2009 TO 2012

Private transport industry

COMMISSIONER LEWIN

MELBOURNE, 30 SEPTEMBER 2009

Application for approval of the Glen Cameron EBA 2009 to 2012.

[1] An application has been made for approval of an enterprise agreement known as the Glen Cameron EBA 2009 to 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glen Cameron Nominees Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] I am not satisfied that the requirements of s.186, and s.188, as are relevant to this application for approval, have been met. The material filed in support of the application fails to satisfy me that the employees whose employment would be covered by the terms of the Agreement have been provided with a copy of the written text of the Agreement in accordance with the provisions of s.180(2)(a)(i).

[4] In the absence of material establishing the fact of the employees having been provided with a copy of the written text of the Agreement in accordance with the mandatory statutory requirements, it is not appropriate to approve the Agreement.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2.




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