Hi Rise Access Pty Ltd

[2018] FWC 4868

[2018] FWC 4868

FAIR WORK COMMISSION

DECISION

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

Hi Rise Access Pty Ltd
(AG2018/1452)

COMMISSIONER MCKINNON MELBOURNE, 17 AUGUST 2018

Application for approval of the Hi Rise Access Pty Ltd Enterprise Agreement 2018 - 2021.

[1] Hi Rise Access Pty Ltd (Hi Rise) has applied for approval of a single-enterprise agreement known as the Hi Rise Access Pty Ltd Enterprise Agreement 2018 – 2021 (the Agreement) under section 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Agreement covers employees engaged at Hi Rise’s Campbellfield site who are covered by the Manufacturing and Associated Industries and Occupations Award 2010, Clerks – Private Sector Award 2010 and Professional Employees Award 2010. These modern awards are each incorporated as terms of the Agreement except to the extent of inconsistency.

[3] The application was accompanied by a Form F17 statutory declaration made by Mr David Davis and the application was heard on 14 August 2018.

[4] The Form F17 statutory declaration indicates that a copy of the Agreement was provided to employees. There is no indication that a copy of the modern awards, or access to them, was provided to employees during the access period. Mr Davis said this information was not provided to employees because the Agreement replaces an earlier enterprise agreement and the employees were not interested in the information.

[5] On the material before me, I am not satisfied that all reasonable steps were taken by Hi Rise to ensure that during the access period for the Agreement, employees were given a copy of the modern awards or access to them. The matter is not one that can be remedied by way of undertaking under section 190.

[6] It follows that I cannot be satisfied that the Agreement was genuinely agreed for the purposes of sections 186(2)(a) and 188 of the Act. The Agreement cannot be approved.

[7] The application is dismissed.

COMMISSIONER

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