NOEtop Formwork Systems Pty Ltd
[2012] FWA 6133
•20 JULY 2012
[2012] FWA 6133 |
|
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
NOEtop Formwork Systems Pty Ltd
(AG2012/9592)
COMMISSIONER GOOLEY | MELBOURNE, 20 JULY 2012 |
Noetop Formwork Systems Pty Ltd Employee Enterprise Agreement 2012.
[1] NOEtop Formwork Systems Pty Ltd (the Applicant) lodged an application for approval of an enterprise agreement known as the NOEtop Formwork Systems Pty Ltd Employee Enterprise Agreement 2012 (the Agreement).
[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and the Agreement is a single enterprise agreement.
[3] On 9 July 2012 I wrote to the Applicant as follows:
“I note the last notice of representational rights was provided on 15 June 2012 and that voting commenced on 22 June 2012.
Section 181 of the Fair Work Act 2009 (the Act) 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.
(3) Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.
On the basis of the statutory declaration filed with this application the voting commenced earlier than permitted by section 181. If this is correct then the Agreement cannot be approved.
You have not provided an answer to questions 2.5, 2.6, 2.7, 3.1, 3.2 or 3.3 in the statutory declaration.”
[4] In addition, I raised a number of other matters relevant to the better off overall test and the National Employment Standards.
[5] On 11 July 2012 I wrote further to the Applicant about the expiry date of the Agreement.
[6] The matter was listed for hearing on 18 July 2012. No further documents were received from the Applicant and there was no appearance by the Applicant on the hearing date.
[7] As the voting for the Agreement commenced earlier than permitted under section 181 of the Act, the application for the approval of the Agreement is dismissed.
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