Local Fencing Pro Pty Ltd

[2016] FWC 7607

[2016] FWC 7607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Local Fencing Pro Pty Ltd
(AG2016/5863)

COMMISSIONER LEE MELBOURNE, 26 OCTOBER 2016

Application for approval of the LFP Individual Employment Contract.

[1] An application has been made for approval of an enterprise agreement known as the LFP Individual Employment Contract (the Agreement). It has been made by Local Fencing Pro Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement lodged with the Fair Work Commission (the Commission) is an individual employment contract, between the Applicant and an employee. The application was made without lodgement of the Form F17 statutory declaration, as required by rule 24 of the Fair Work Commission Rules 2013.

[3] On 21 September 2016 registry attempted to contact the Applicant twice to inform them that the document lodged with the Commission did not appear to be a valid application. The Commission left a phone message and no response was received.

[4] As no response had been received, the Commission sent a further email on 3 October 2016 to the Applicant, confirming that the application did not appear to be validly made.

[5] On 13 October 2016 a further email was sent to the Applicant explaining that an enterprise agreement cannot be made with a single employee pursuant to s 172 (6) of the Fair Work Act 2016 (the Act). The email requested a response by close of business on Monday 17 October 2016 or the application would be terminated by the Commission. No response has been received by the Commission.

[6] Due to the applicant’s failure to comply with Rule 24 and section 172(6) of the Act I cannot approve the application. Therefore, the Application is dismissed.

COMMISSIONER

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