Jackson T/A Aveta Cafe

[2021] FWC 6250

[2021] FWC 6250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jackson T/A Aveta Cafe
(AG2021/7924)

APPLICATION FOR APPROVAL OF AN ENTERPRISE AGREEMENT

Hospitality industry
COMMISSIONER MATHESON	SYDNEY, 1 NOVEMBER 2021

Application for approval of an enterprise agreement – application not made in accordance with the Fair Work Act 2009 (Cth).

[1] An application has been made for approval of an enterprise agreement. The application was made by ‘Jackson T/A Aveta Cafe’ (Applicant) who filed a ‘Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F16).

[2] Section 185(2) of the Fair Work Act 2009 (Cth) (Act) provides that an application for approval of an enterprise agreement must be accompanied by:

(a) a signed copy of the agreement; and

(b) any declarations that are required by the procedural rules to accompany the application.

[3] The Applicant did not file a signed copy of the agreement, ‘Form F17 – Employer's declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)’, notice of employee representational rights or any other material in support of the application.

[4] The Commission has attempted to contact the Applicant via the phone number provided on the Form F16, however this number is disconnected.

[5] On 18 and 21 October 2021 the Commission emailed the Applicant requesting the missing documents and further details in relation to the Form F16. The Applicant did not comply with the request. As at the date of this decision, no response to the Commission’s emails have been received and the Commission has not been able to contact the Applicant.

[6] The application is not made in accordance with the Act. Consequently, the application is dismissed.

COMMISSIONER

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