N. P. Siemensma Pty Ltd

[2011] FWA 8859

[2011] FWA 8859

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N. P. Siemensma Pty Ltd
(AG2011/13996)

COMMISSIONER GOOLEY MELBOURNE, 15 DECEMBER 2011

Dr N P Siemensma’s Rooms and the Australian Nursing Federation Enterprise Agreement 2011.

[1] On 1 December 201, N. P. Siemensma Pty Ltd (the Applicant) lodged an application for approval of the Dr N P Siemensma’s Rooms and the Australian Nursing Federation Enterprise Agreement 2011 (the Agreement).

[2] On 5 December 2011 I wrote to the Applicant advising that the statutory declaration filed with the application for approval stated that the last notice of representational rights was given to employees on 15 November 2011 and voting commenced on 25 November 2011.

[3] Section 181 of the Fair Work Act 2009 (the Act) provides that voting cannot commence until at least 21 days after the day on which the last notice of representational rights was given.

[4] I was advised by the Applicant that due to a misunderstanding the vote occurred earlier than permitted by the Act.

[5] I therefore dismiss the application for approval of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR518032>