Skrobar Engineering Pty Ltd

[2012] FWA 6018

[2012] FWA 6018

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skrobar Engineering Pty Ltd
(AG2012/9632)

COMMISSIONER GOOLEY MELBOURNE, 17 JULY 2012

Skrobar Engineering Pty Ltd Collective Agreement 2012.

[1] On 5 July 2012 an application by Skrobar Engineering Pty Ltd was made for approval of an enterprise agreement known as Skrobar Engineering Pty Ltd Collective Agreement 2012 (the Agreement).

[2] The Statutory Declaration filed by Mr Andrew Matthews advised that the last notice of representational rights was provided on 7 June 2012 and that voting commenced on 28 June 2012.

[3] Section 181 of the Fair Work Act 2009 (the Act) 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) Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.”

[4] A vote taken on the 21^st day after the day on which the notice was given under section 173(1), does not meet the requirements of section 181(2) of the Act.

[5] I wrote to Mr Matthews on 16 July 2012 and he subsequently confirmed that the dates in the Statutory Declaration were correct.

[6] As the voting for the Agreement commenced earlier than permitted by section 181 of the Act, the application for approval of the Agreement is dismissed.

COMMISSIONER

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