R.E. McMahon Pty Ltd

[2014] FWC 3743

[2014] FWC 3743

FAIR WORK COMMISSION

DECISION

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

R.E. McMahon Pty Ltd
(AG2014/1210)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 4 JUNE 2014

Application for approval of the R.E. McMahon Pty Ltd Plumbers and Trade Assistants Collective Agreement 2014 - 2016 - approval declined.

[1] R.E. McMahon Pty Ltd (the Applicant) lodged an application on 26 May 2014, pursuant to s.185 of the Fair Work Act 2009 (the Act) seeking approval of the Fair Work Commission (the Commission) for an Enterprise Agreement entitled the R.E. McMahon Pty Ltd Plumbers and Trade Assistants Collective Agreement 2014 - 2016 (the Agreement).

[2] The Agreement is proposed to operate for two years effective from the date of approval by the Fair Work Commission.

[3] Attached to the application was a Notice of Employee Representational Rights (the Notice) sent to employees on 14 May 2014.

[4] Section 181 of the Act, in particular subsection 181(2), provides that the request for employees to approve a proposed enterprise agreement by voting for it must not be made until at least 21 days after the day on which the last notice under subsection 173(1) is given. Section 181(2) is as follows:

“181 Employers may request employees to approve a proposed enterprise agreement

. . .

(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.”

[5] In this case the request to employees to approve the agreement by voting for it was made on 22 May 2014 when the ballot of employees took place. This was 13 days less than is required by s.181(2).

[6] Accordingly, s.181(2) has not been complied with, and the Agreement cannot be approved.

[7] I therefore decline to approve the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR551490>