Mackay Leisure Centre Pty Ltd

[2010] FWA 4045

[2010] FWA 4045

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Mackay Leisure Centre Pty Ltd
(AG2009/20710)

Clerical industry
COMMISSIONER RAFFAELLI	SYDNEY, 28 MAY 2010

Application for approval of the Mackay Leisure Centre Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as Mackay Leisure Centre Enterprise Agreement (the Agreement).The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] It was apparent from the Form F17 that 21 days had not passed between the time of giving a notice of representational rights (s.173(1)) and the employees being asked to approve the Agreement (s.181(1)). The situation was confirmed later, in writing, by the Applicant to be that the vote of approval of the Agreement occurred on 21 December 2009 and the representational notice advice was given on 21 December 2009.

[4] Clearly the 21 days period (s.181(2)) has not been complied with.

[5] Because of s.188(a)(ii) I am unable to be satisfied that the Agreement has been genuinely agreed.

[6] I decline to approve the Agreement.

COMMISSIONER

 1   Item 2, Part 1, of Schedule 2

Printed by authority of the Commonwealth Government Printer

<Price code G,  PR997551>