Intertex & Co Pty Ltd T/A Shilla

Case

[2010] FWA 4851

2 JULY 2010

No judgment structure available for this case.

[2010] FWA 4851


FAIR WORK AUSTRALIA

DECISION

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

Intertex & Co Pty Ltd T/A Shilla
(AG2010/9821)

COMMISSIONER RAFFAELLI

SYDNEY, 2 JULY 2010

Application for approval of the Shilla Enterprise Agreement [2010].

[1] Intertex & Co Pty Ltd T/A Shilla seek approval of an agreement titled Shilla Enterprise Agreement [2010] (the Agreement).

[2] The application of approval of the Agreement was made after 63 days following the making of the Agreement. At a telephone hearing on 1 July 2010, I sought an explanation for the delay.

[3] The Agreement applies to two employees. It was voted on by six employees. It seemed from what was put at the 1 July hearing, that the four employees not to be covered by the Agreement had some concerns about their employment conditions.

[4] This suggests that this group of employees were not fairly chosen and/or that the vote of approval was defective.

[5] I am not prepared to find that it is fair to extend the period in which to lodge the application and I am not satisfied that section 186 of the Fair Work Act 2009 is satisfied given my comments in 3 and 4 above.

[6] I decline to approve the Agreement.

COMMISSIONER



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