Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales

[2012] FWA 9535

[2012] FWA 9535

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales
(AG2012/12025)

COMMISSIONER MCKENNA SYDNEY, 8 NOVEMBER 2012

Public Service Association of New South Wales Industrial and Associated Officers Collective Agreement 2012.

[1] The Public Service Association and Professional Officers’ Association of New South Wales (“the applicant”) has made an application, pursuant to s.185 of the Fair Work Act 2009, for the approval of a single-enterprise agreement titled the Public Service Association of New South Wales Industrial and Associated Officers Collective Agreement 2012 (“the Agreement”).

[2] The Form F17 (that is, the Employer’s Declaration in Support of Application for Approval of Enterprise Agreement) indicated at question 2.8 that the last notice of representational rights was given to an employee who will be covered by the Agreement on 5 October 2012 and the date on which voting for the Agreement commenced was 26 October 2012.

[3] I listed the matter on 7 November 2012. Prior to the listing, I caused copies of the decisions in Lyons Transport Mittagong Enterprise Agreement 2012 [2012] FWA 5671 and Resolve FM Pty Ltd [2012] FWA 7294 to be forwarded to the applicant and to the Industrial Staff Union (“ISU”) - which was the employee organisation bargaining representative for the Agreement. These decisions considered the question of the timing of certain pre-approval steps in connection with applications for the approval of enterprise agreements. While these decisions were provided to the parties as examples of decisions dealing with pre-approval step issues, there are other Fair Work Australia decisions that have similarly dealt with such matters.

[4] In view of the difficulties, acknowledged by the applicant and the ISU, presented by the pre-approval step timing in connection with the making of the Agreement, the applicant and the ISU submitted it would be appropriate that the application be dismissed. The application is, without objection, dismissed.

COMMISSIONER

Appearances:

J. Cahill for the applicant.

S. van Vegchel and S. Deguara for the Industrial Staff Union.

Hearing details:

2012.

Sydney

November 7 (telephone hearing)

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