Metro Parking Management Pty Ltd
[2010] FWA 1432
•22 FEBRUARY 2010
[2010] FWA 1432 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/24260)
METRO PARKING MANAGEMENT PTY LTD SUPERVISOR COLLECTIVE AGREEMENT
DEPUTY PRESIDENT IVES | MELBOURNE, 22 FEBRUARY 2010 |
Application for approval of the Metro Parking Management Pty Ltd Supervisor Collective Agreement.
[1] An application has been made for approval of an enterprise agreement known as the Metro Parking Management Pty Ltd Supervisor Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Parking Management Pty Ltd. 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] Section 181 of the Act relevantly provides as follows:
“181 Employers may request employees to approve a proposed enterprise agreement
(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.
…”
The applicant did not comply with this requirement.
[4] The application for approval is refused.
DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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