Students’ Representative Council of The University of Sydney

[2013] FWC 10107

[2013] FWC 10107

FAIR WORK COMMISSION

DECISION

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

Students’ Representative Council of The University of Sydney
(AG2013/11815)

STUDENTS’ REPRESENTATIVE COUNCIL OF THE UNIVERSITY OF SYDNEY ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 20 DECEMBER 2013

Application for approval of the Students’ Representative Council of The University of Sydney Enterprise Agreement 2013.

[1] The Students’ Representative Council of The University of Sydney (“the applicant”) has made an application pursuant to s.185 of the Fair Work Act 2009 for the approval of the Students’ Representative Council of The University of Sydney Enterprise Agreement 2013 (“the Agreement”).

[2] The information in the Form F17 (Employer’s Declaration in Support of Application for Approval of Enterprise Agreement) disclosed a potential pre-approval step issue. In proceedings on 10 December 2013, the representatives for the applicant and the union that was a bargaining representative agreed the Agreement was incapable of approval. The applicant’s representative advised the application would be discontinued. The matter was stood over pending a Notice of Discontinuance, which, I was informed, would be lodged within two to three days.

[3] On 19 December 2013, correspondence was forwarded to the parties, noting a Notice of Discontinuance had not been lodged. The correspondence advised that if a Notice of Discontinuance was not received by 10:00am today the application would be dismissed. In circumstances where the applicant has not discontinued the application, as had been foreshadowed in proceedings on 10 December 2013, I now dismiss the application as it is incapable of approval.

COMMISSIONER

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