Hemi Investments Pty Ltd T/A Muffin Break Pinjarra

[2009] FWA 1603

[2009] FWA 1603

FAIR WORK AUSTRALIA

DECISION

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

Hemi Investments Pty Ltd T/A Muffin Break Pinjarra
(AG2009/13948)

Fast food industry
COMMISSIONER WILLIAMS	PERTH, 9 DECEMBER 2009

Hemi Investments Pty Ltd Employee Enterprise Agreement.

[1] This is an application for approval of an enterprise agreement under s. 185 of the Fair Work Act 2009 (the Act).

[2] The Form 17 Employers Declaration in Support of the Application says that the date on which the employer provided the last notice to employees of their representational rights was 22 September 2009 and that it was done the same day the employer first requested the employees approve the agreement by voting for it.

[3] This is contrary to the mandatory requirement of s. 181(2) that the request to approve not be made until at least 21 days after the last s. 173(1) notice is given.

[4] Separately the agreement has a Dispute Resolution clause, Clause 6, however this does not allow for the representation of employees for the purposes of the procedure which is a mandatory requirement of s. 186(6)(b)

[5] Consequently this agreement cannot be approved. This application is dismissed.

COMMISSIONER

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