Rochfort Associates Pty Ltd on behalf Cubbyhouse Childcare Australia Pty Ltd
[2010] FWA 1447
•23 FEBRUARY 2010
[2010] FWA 1447 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2010/236)
COMMISSIONER MCKENNA | SYDNEY, 23 FEBRUARY 2010 |
Cubbyhouse Childcare Australia Pty Ltd Certified Agreement 2010.
[1] An application has been made for approval of an enterprise agreement known as the Cubbyhouse Childcare Australia Pty Ltd Certified Agreement 2010. The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”) on 2 February 2010. It has been made by Rochfort Associates Pty Ltd on behalf of Cubbyhouse Childcare Australia Pty Ltd. The agreement is a single-enterprise agreement.
[2] Clause 2.2 of the Form F17 indicated the last notice of representational rights under s.173(1) of the Act was given on 4 January 2010 and that voting commenced on 20 January 2010. In proceedings today, Mr P Rochfort re-confirmed those dates. In this respect, s.181 of the Act relevantly 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] As the requirement in s.181(2) of the Act has not been met, the application for approval is declined.
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