SRG CAM Rail Pty Ltd T/A SRG CAM Rail
[2010] FWA 3077
•15 APRIL 2010
[2010] FWA 3077 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
(AG2010/7732)
COMMISSIONER LARKIN | SYDNEY, 15 APRIL 2010 |
Application for approval of the SRG CAM Rail Pty Ltd and Rail Tram & Bus Union NSW - Greenfields Agreement 2010.
[1] An application has been made for approval of an enterprise agreement known as the SRG CAM Rail Pty Ltd and Rail Tram & Bus Union NSW - Greenfields Agreement 2010 (the agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SRG CAM Rail Pty Ltd T/A SRG CAM Rail. The agreement is a greenfields agreement.
[2] The application for approval was made on 30 March 2010. On 8 April 2010, I forwarded correspondence to the parties which stated:
“FWA is in receipt of your application for approval of the above agreement, being a greenfields agreement. Subsections 185(3) and (4) of the Fair Work Act 2009 state:
“When the application must be made
(3) If the agreement is not a greenfields agreement, the application must be made:
(a) within 14 days after the agreement is made; or
(b) if in all the circumstances FWA considers it fair to extend that period—within such further period as FWA allows.
(4) If the agreement is a greenfields agreement, the application must be made within 14 days after the agreement is made.”
The greenfields agreement was signed by the parties to the agreement on 12 March 2010. Form 20, the employer’s declaration, at question 2.1 states that the greenfields agreement was made on 12 March 2010. The application for approval was made to Fair Work Australia on 30 March 2010. The application for approval was not made within 14 days after the agreement is made as required by ss.185(4) of the Fair Work Act 2009. Subsection 185(3) provides that Fair Work Australia may extend the period for an application that is not a greenfields agreement. The same discretion vested in Fair Work Australia by ss.185(3) does not apply to an application for the approval of a greenfields agreement.”
[3] On 8 April 2010, Mr Klineberg of the Australian Rail, Bus and Tram Industry Union contacted my Associate and acknowledged that an error had been made by the parties.
[4] On 14 April 2010, Mr Draper, Director, forwarded correspondence which, inter alia, stated:
“…I have spoken to Mr Doug Klineberg of the RTBU and we have agreed that we will re submit (sic) this application with the correct dates as per sub section 185 (4) states (sic)…”
[5] The application in this matter was lodged outside of the 14 days prescribed by s. 185(4) of the Act. Fair Work Australia does not have the power to extend the time in which an applicant can make an application for approval of a greenfields agreement. The application is accordingly dismissed.
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