Sneesby Investments Pty Ltd as trustee for the Sneesby Trust T/A Eagle Boys Peel Street
[2010] FWA 1899
•5 MARCH 2010
[2010] FWA 1899 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2010/5659)
SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 5 MARCH 2010 |
Sneesby Investments Pty Ltd as trustee for the Sneesby Trust t/as Eagle Boys Peel Street.
[1] Sneesby Investments Pty Ltd as trustee for the Sneesby Trust t/as Eagle Boys Peel Street filed an application for the approval of an agreement with Fair Work Australia (FWA) on 14 January 2010.
[2] Subclause 2.1 of the statutory declaration states that the agreement was voted on by the employees on 29 December 2009.
[3] Section 185(3)(a) of the Fair Work Act 2009 provides that an application for approval must be made within 14 days after the agreement is made. Section 185(3)(b) confers a discretion on FWA to extend time for lodgement. However, the power to extend time for making an application for approval in s.185(3)(b) does not apply in relation to agreement made during the period of 14 days before the end of the bridging period (Item 15, Schedule 7, Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).
[4] If an agreement was made in the period 18 December 2009 to 31 December 2009 inclusive and the application for approval was made more than 14 days after the agreement was made the FWA must refuse the application for approval.
[5] The application for the approval of the Pacific Indian Foods Pty Ltd Enterprise Agreement is refused.
SENIOR DEPUTY PRESIDENT
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