Lis-Con Services Pty Ltd
[2010] FWA 7821
•7 OCTOBER 2010
[2010] FWA 7821 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Lis-Con Services Pty Ltd
(AG2010/14722)
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 7 OCTOBER 2010 |
Lis-Con Pty Ltd Major Works Construction Greenfield Agreement 2010-12.
[1] On 22 September 2010, an application was made by Lis-Con Services Pty Ltd (Lis-Con) for approval of the Lis-Con Pty Ltd Major Works Construction Greenfield Agreement 2010-12.
[2] This agreement was made between Lis-Con and The Australian Workers’ Union (AWU) on 12 July 2010 and the application for approval confirmed that the agreement was a Greenfield's agreement pursuant to section 172 of the Fair Work Act 2009 (the Act).
[3] The application was the subject of a hearing on 7 October 2010. At this hearing Mr Knight appeared, with permission, for Lis-Con and Mr Hanson represented the AWU.
[4] The parties confirmed that the agreement was made on 12 July 2010 but that the application was not made until 22 September 2010 as a consequence of a number of oversights and communication difficulties.
[5] Subsections 185(3) and (4) state:
“185 Bargaining representative must apply for FWA approval of an enterprise agreement
....
When the application must be made
(3) If the agreement is not a greenfields agreement, the application must be made:
(a) within 14 days after the agreement is made; or
(b) if in all the circumstances FWA considers it fair to extend that period—within such further period as FWA allows.
(4) If the agreement is a greenfields agreement, the application must be made within 14 days after the agreement is made.”
[6] Clearly, Fair Work Australia has a discretion to extend the 14-day time limit with respect to agreements, other than greenfield agreements.
[7] In this case the application was made well beyond 14-days following 12 July 2010. Accordingly, there is no discretion to extend the time to lodgement, and the application must be dismissed.
SENIOR DEPUTY PRESIDENT
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