Pacific Indian Foods Pty Ltd T/A Eagle Boys Toongabbie
[2010] FWA 1896
•5 MARCH 2010
[2010] FWA 1896 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2010/5877)
SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 5 MARCH 2010 |
Pacific Indian Foods Pty Ltd Enterprise Agreement.
[1] Pacific Indian Foods Pty Ltd t/as Eagle Boys Toongabbie filed an application for the approval of an agreement with Fair Work Australia (FWA) on 11 January 2010.
[2] Subclause 2.1 of the statutory declaration states that the agreement was voted on by the employees on 27 December 2009.
[3] Section 185(3)(a) of the Fair Work Act 2009 provides that an application for approval must be made within 14 days after the agreement is made. Section 185(3)(b) confers a discretion on FWA to extend time for lodgement. However, the power to extend time for making an application for approval in s.185(3)(b) does not apply in relation to agreement made during the period of 14 days before the end of the bridging period (Item 15, Schedule 7, Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).
[4] If an agreement was made in the period 18 December 2009 to 31 December 2009 inclusive and the application for approval was made more than 14 days after the agreement was made the FWA must refuse the application for approval.
[5] The application for the approval of the Pacific Indian Foods Pty Ltd Enterprise Agreement is refused.
SENIOR DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR994737>
0
0
0