Keengraph Pty Ltd as Trustee For The Southtown Pharmacy Trust T/A Southtown Pharmacy

[2010] FWA 8177

[2010] FWA 8177

FAIR WORK AUSTRALIA

DECISION

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

Keengraph Pty Ltd as Trustee For The Southtown Pharmacy Trust T/A Southtown Pharmacy
(AG2010/5441)

Pharmaceutical industry
COMMISSIONER ASBURY	BRISBANE, 21 OCTOBER 2010

Keengraph Pty Ltd as Trustee For The Southtown Pharmacy Trust Single Enterprise Agreement .

[1] On 18 January 2010, Keengraph Pty Ltd as Trustee for the Southtown Pharmacy Trust t/a Southtown Pharmacy lodged an application under s.185 of the Fair Work Act 2009 (the FW Act), for approval of the Keengraph Pty Ltd as trustee for The Southtown Pharmacy Trust Enterprise Agreement 2009 (the Agreement).

[2] The employer declaration states at 2.1 that the agreement was made on 24 December 2009, and the application for approval was lodged on 18 January 2010. At 2.2 of the employer declaration, there is no request for an extension of time in which to file the application for approval of the agreement.

[3] Section 185(3)(a) of the Fair Work Act 2009 provides that an application for approval “must” be made within 14 days after the agreement is made. Section 185(3)(b) confers a discretion on Fair Work Australia to extend time. However, by virtue of Item 15, Schedule 7 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the power to extend time does not apply in relation to agreements made during the bridging period - 18 December 2009 to 31 December 2009. The agreement was made during the bridging period, and was lodged on 18 January 2010, outside the 14 day time period. The application for approval of this agreement must be refused. I order accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR502998>