Rutledge Engineering (Aust) Pty Limited

[2015] FWCA 5575

[2015] FWCA 5575

FAIR WORK COMMISSION

DECISION

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

Rutledge Engineering (Aust) Pty Limited
(AG2015/3983)

RUTLEDGE ENGINEERING (AUST) PTY LTD NSW SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 AUGUST 2015

Application for approval of the Rutledge Engineering (Aust) Pty Ltd NSW Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rutledge Engineering (Aust) Pty Ltd NSW Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within the time-frame required by s.185(3)(a). In fact it was 168 days out of time. That is, it was lodged on 16 July 2015 having been made on 28 January 2015.

[3] I conducted a hearing by telephone on 5 August 2015 which involved Rutledge Engineering (Aust) Pty Limited (the Applicant) and its representative, the National Electrical and Communications Association (NECA).

[4] Subsequent to the hearing, I received statutory declarations from NECA and the employer seeking that I exercise my discretion to grant an extension of time for the filing of the application. The declarations contain the following:

● The Agreement was not lodged immediately following its making, as required, due to an administrative error in NECA’s office.

● The same ten employees who approved the Agreement are employed by the Applicant now. There are no new employees.

● The Agreement has already been implemented so that it would be an inconvenience to the Applicant and an injustice to the employees not to approve it.

[5] Given the explanation summarised above and notwithstanding the extreme lateness of the lodgement, I consider it appropriate to extend the time for making the application. Therefore, pursuant to s.185(3)(b) of the Act, I extend the period for making the application until 16 July 2015.

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with s.54(1) it will operate from 25 August 2015. The nominal expiry date of the Agreement is 25 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE415240  PR570795>