Network for Educational Workplacement Inc. T/A Career Links
[2010] FWA 3860
•20 MAY 2010
[2010] FWA 3860 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2010/1028)
COMMISSIONER MCKENNA | SYDNEY, 20 MAY 2010 |
Career Links Enterprise Agreement 2010.
[1] On 3 May 2010, the Master Builders Association of NSW (“the MBA”) filed an application, pursuant to s.185 of the Fair Work Act 2009 (“the Act”), for the approval of an enterprise agreement titled the Career Links Enterprise Agreement 2010 (“the Agreement”). The Agreement had been proposed to apply to employees of Network for Educational Workplacement Inc T/A Career Links.
[2] On the listing of the matter today, I raised a range of queries and concerns about the content of the Form F17 (Employer’s Declaration in Support of Application for Approval of Enterprise Agreement) and the content of the Agreement itself. In particular, the first signatory page to the Agreement recorded it as having been made on 23 March 2010 and a second signatory page recorded the Agreement as having been made on 25 March 2010 – whereas the employer’s declaration indicated that the voting had opened and concluded on 19 April 2010.
[3] I queried whether the information identifying the relevant industrial instruments was complete and also raised a number of queries concerning various clauses of the Agreement, including one which specified that the employer would not be required to make any payment where an employee “is required to work additional or flexible hours”.
[4] This decision notes that, upon raising these and other matters, Mr Grace of the MBA submitted he had been instructed to withdraw the application for approval of the Agreement. The proceedings are concluded accordingly.
COMMISSIONER
Appearances:
R. Grace for the Master Builders Association of New South Wales on behalf of the applicant.
Hearing details:
2010
Sydney
May 20.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR997318>
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