J & B Faux Electrical Services

[2015] FWC 2584

[2015] FWC 2584

FAIR WORK COMMISSION

DECISION

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

J & B Faux Electrical Services
(AG2015/2075)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 16 APRIL 2015

Application for approval of the J & B Faux Electrical Services Enterprise Agreement 2015 - application declined.

[1] J & B Faux Electrical Services (the Applicant) lodged an application on 6 March 2015, 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 the J & B Faux Electrical Services Enterprise Agreement 2015 (the Agreement).

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

[3] The Applicant did not provide a copy of the Notice of Employee Representational Rights (the Notice) as requested in Question 2.3 of the form F17.

[4] At the request of my chambers, a copy of the Notice was subsequently provided by the Applicant. The Notice was not in the form and does not contain the content required by s.174 of the Act and Schedule 2.1 of the Fair Work Regulations.

[5] 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.

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

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

DEPUTY PRESIDENT

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