Lighthouse Protection Group
[2010] FWA 534
•27 JANUARY 2010
[2010] FWA 534 |
|
REASONS FOR DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/18551)
COMMISSIONER LARKIN | SYDNEY, 27 JANUARY 2010 |
Lighthouse Protection Group Single Enterprise Agreement.
[1] An application has been made for approval of an enterprise agreement known as the Lighthouse Protection Group Single Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Lighthouse Protection Group. The agreement is a single-enterprise agreement.
[2] The matter was heard on 27 January 2010. Mr Farrar, by permission, appeared on behalf of the employer, with Mr Yaari, Sales and Marketing Manager of the employer.
[3] At the hearing I raised with Mr Farrar the requirements of s.181 of the Act. It appeared from Form F17, Employer’s Declaration in Support of Application for Approval of Enterprise Agreement, that the legislative requirements of s.181 were not satisfied. The employer first requested employees to approve the proposed enterprise agreement on 29 October 2009. The notice of representative rights under ss.173(1) was provided to employees on 15 October 2009. Subsection 181 requires that:
“(1) An employer that will be covered by a proposed enterprise agreement may request the employees employed at the time who will be covered by the agreement to approve the agreement by voting for it.
(2) The request must not be made until at least 21 days after the day on which the last notice under subsection 173(1) (which deals with giving notice of employee representational rights) in relation to the agreement is given.
(3) Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.”
[4] The request to employees to approve the proposed enterprise agreement was made 14 days after the notice under s.173(1) was provided to employees and not 21 days as required by the legislation.
[5] Mr Farrar acknowledged that the mandatory requirements of the section had not been met.
[6] On that basis I declined to approve the agreement and dismissed the application.
COMMISSIONER
Appearances:
Mr I Farrar, agent, on behalf of the applicant.
Hearing details:
Sydney.
2010:
January, 27.
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