Sicame Australia Pty Ltd

[2014] FWC 3149

[2014] FWC 3149

FAIR WORK COMMISSION

DECISION

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

Sicame Australia Pty Ltd
(AG2014/966)

DEPUTY PRESIDENT LAWRENCE SYDNEY, 15 MAY 2014

Application for approval of the SICAME AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2013/2016 - refusal.

[1] Sicame Australia Pty Ltd (the Applicant) lodged an application on 28 April 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 SICAME AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2013/2016 (the Agreement).

[2] The Agreement is proposed to operate until 1 July 2016.

[3] Attached to the application was a Notice of Employee Representational Rights dated 21 June 2013.

[4] Section 174 of the Act, in particular subsection (1A), provides that the Notice must contain the content prescribed by the Fair Work Regulations 2009 (the Regulations), not contain any other content, and be in the form prescribed by the Regulations. Schedule 2.1 of the Regulations contains the Notice template. Any notice which modifies either the content or the form of the Notice template goes to invalidity. The Commission cannot ratify any such agreement.

[5] A Full Bench of the Commission in Peabody Moorvale Pty Ltd v CFMEU[2014] FWCFB 2042 has recently confirmed this principle.

[6] Accordingly, I decline to approve the Agreement.

DEPUTY PRESIDENT

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