Rural Labour Pty Ltd
[2010] FWA 7774
•6 OCTOBER 2010
[2010] FWA 7774 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
Rural Labour Pty Ltd
(AG2009/22547)
Horticultural industry | |
COMMISSIONER CLOGHAN | PERTH, 6 OCTOBER 2010 |
Application for approval of the Rural Labour Pty Ltd Enterprise Agreement 2009.
[1] On 24 December 2009, Rural Labour Pty Ltd made application for approval of a single enterprise agreement to be known as the Rural Labour Pty Ltd Enterprise Agreement 2009 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 209 (“the Act”).
[2] The Agreement was approved by ballot which concluded on 14 December 2009.
[3] Fair Work Australia must approve an enterprise agreement pursuant to s.186 of the Act if the requirements set out in that section, s.187 and s.188 are met.
[4] The application was the subject of correspondence between my Associate and the Applicant and its legal representative on 4 March 2010. A response was received from the Applicant’s representative on 9 March 2010. The matter was the subject of a hearing on 6 April 2010.
[5] Following the hearing, the matter was the subject of further submissions from the Applicant’s legal representative on 7 May 2010.
[6] Further communication between my Associate and the Applicant’s legal representative occurred in May and September 2010. On 4 October 2010, my Associate was advised that Rural Labour Pty Ltd, its parent company and other subsidiary companies had entered into voluntary administration.
[7] In the circumstances, I am not satisfied that the provisions of the Act relevant to this application had been met and I am unable to approve the application.
COMMISSIONER
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