STRATA PLAN 77815

[2018] FWC 7603

[2018] FWC 7603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.182(4) - Application for approval of a greenfields agreement

STRATA PLAN 77815

(AG2018/4757)

Commissioner Lee MELBOURNE, 17 DECEMBER 2018

Application for approval of a greenfields agreement - application dismissed.

1. An application has been made for approval of a greenfields agreement on 29 August 2018. The application was made by Mr Justin Goffage of Strata Plan 77845 (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. The Applicant lodged a Form 21A application, however did not lodge a copy of the Agreement or the accompanying documentation required by the Fair Work Commission Rules 2013. On 29 August 2018, the Commission wrote to the Applicant and advised that the application was incomplete. The Commission advised the Applicant, that if it wished to proceed with the application, to provide the following documentation:

·  A copy of the agreement;

·  A copy of the notice given by an employer that is a bargaining representative for the agreement made under section 178B of the Act; and

·  A Form F21B—Employer’s statutory declaration in support of an application for approval of a greenfields agreement made under subsection 182(4) of the Act.

1. On 16 November 2018, the Commission received an email from the Applicant advising that it wished to proceed with the application. However, the Applicant did not provide any of the required documentation.

1. On 22 November 2018, the Commission wrote to the Applicant advising that whilst it had stated its intention to proceed with the application, the application could not proceed unless a copy of the Agreement and required documentation were lodged. Further, that if this material was not provided by close of business 27 November 2018, the application would be dismissed.

1. The Applicant did provide the requested documentation.

1. On 30 November 2018, the application was allocated to me for determination.

1. On 4 December 2018, my Chambers wrote to the Applicant advising that in the absence of the requested documentation, I could not be satisfied that the application complies with the requirements of the Act. In this same correspondence, the Applicant was advised that if this documentation was not lodged with the Commission by close of business, 7 December 2018, the application would be dismissed.

1. The Applicant has still not supplied a copy of the agreement, a copy of the notice given by an employer that is a bargaining representative for the agreement made under section 178B of the Act or a Form F21B in support of the application of a greenfields agreement pursuant to section 182(4) of the Act. Accordingly, I cannot be satisfied that the application meets the requirements of ss. 172(2)(b), 186 and 187 of the Act.

1. The application is therefore dismissed.

COMMISSIONER

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