Pacific Coast Engineering Pty Ltd
[2010] FWA 7835
•7 OCTOBER 2010
[2010] FWA 7835 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Pacific Coast Engineering Pty Ltd
(AG2010/14675)
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 7 OCTOBER 2010 |
Application for approval of the Pacific Coast Employee Collective Agreement 2010.
[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 September 2010 by Pacific Coast Engineering Pty Ltd (“Employer”) for the approval of a single enterprise agreement known as the Pacific Coast Employee Collective Agreement 2010 (“the Agreement”).
[2] On 5 October 2010 I wrote to the Employer expressing concern that based on the information contained in the Employer’s Form F17 attached to the application, that the requirements of s.188 of the Act had not been met. On the same day, the Employer requested a hearing in relation to the issues I raised in my correspondence and the matter was listed to be heard on 7 October 2010.
[3] Given the information provided to me at today’s hearing, I am satisfied that the Agreement was not genuinely agreed to within the meaning of s.188 of the Act as the employees were not:
- given a copy of the agreement prior to the access period as required by s.180(2) of the Act; or
- provided with a Notice of Representational Rights as required by s.181 of the Act.
[4] Section 186(2)(a) of the Act mandates that FWA must be satisfied that an agreement has been genuinely agreed to for the purposes of approving the agreement. The above matters (concerning ss.180(2) and 181 of the Act) are not matters that can be affected by the provision of undertakings pursuant to s.190 of the Act.
[5] In light of this, I cannot approve the Agreement.
[6] This afternoon I forwarded to the Employer information concerning the Notice of Representational Rights and other procedural matters to assist in the preparation of a fresh application. Some further general advice was also provided in relation to compliance with s.193 of the Act.
[7] The application pursuant s.185 of the Act filed on 17 September 2010 is dismissed.
SENIOR DEPUTY PRESIDENT
Appearances:
Ms S Vass of Pacific Coast Engineering Pty Ltd
Mr G Clarke of Pacific Coast Engineering Pty Ltd
Mr M Williams of Pacific Coast Engineering Pty Ltd
Hearing details:
2010.
Brisbane.
October 7.
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