Shire of Kent

[2012] FWA 9130

[2012] FWA 9130

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.210 - enterprise agreement

Shire of Kent
(AG2012/9460)

Local government administration
COMMISSIONER CLOGHAN	PERTH, 25 OCTOBER 2012

Variation of an enterprise agreement.

[1] On 28 June 2012, the Shire of Kent (“the Applicant”) made application for approval of variation of an enterprise agreement.

[2] The application was made pursuant to s.210 of the Fair Work Act 2009 (“the FW Act”).

[3] The agreement subject to the application is the Shire of Kent Agreement 2010 “(the Agreement”).

[4] The Agreement commenced on 13 August 2010 and the parties to the Agreement are the Applicant and employees engaged by the Shire of Kent excluding employees employed under maximum term contracts.

[5] The Applicant states in its declaration that the only change to the Agreement is the rate of pay. However, the amended enterprise agreement submitted with the application contains variations beyond the rate of pay.

[6] On 16 July 2012, my Associate advised the Applicant that I would not consider the application further until the Tribunal was able to reconcile the differences between what was stated in the declaration accompanying the application and the proposed varied enterprise agreement.

[7] As no response was received, my Associate again pursued a response to my query on 6 September 2012. No response was received.

[8] On 17 October 2012, my Associate emailed the Applicant and advised that unless a response was received by 22 October 2012, the application would be deemed discontinued. No response was received.

[9] Pursuant to paragraph 587(3)(a) of the FW Act, and for the reasons outlined, above, the application is dismissed for want of prosecution.

COMMISSIONER

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