Surveylink Enterprise Agreement 2012

[2012] FWA 7182

[2012] FWA 7182

FAIR WORK AUSTRALIA

DECISION AND REASONS FOR DECISION

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

Surveylink Nominees Pty Ltd
(AG2012/9162)

COMMISSIONER CLOGHAN PERTH, 22 AUGUST 2012

Surveylink Enterprise Agreement 2012.

[1] On 25 June 2012, Surveylink Nominees Pty Ltd (“the Applicant”) made application to Fair Work Australia (FWA) for approval of a single enterprise agreement to be known as the Surveylink Enterprise Agreement 2012 (“the Agreement”).

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[3] The application was the subject of a conference on 16 August 2012. At the conference, Mr Alistair Millar represented the Applicant.

[4] At the conference, I explained to Mr Millar that single enterprise agreements are made between a single employer and its employees. At the time of making application for approval of the Agreement, the Applicant did not employ any employees to be covered by the Agreement. Consequently, none of the pre-approval steps required before making the application to FWA, in subdivision A of Division 4 of Part 2-4 of the FW Act, had been and could not be met. Accordingly, the Tribunal had no jurisdiction to approve the Agreement and must dismiss the application.

[5] I advised Mr Millar that in dismissing the application, I had not formed any view as to the content of the Agreement; that assessment would be made by the Tribunal if another application is received.

[6] In accordance with this Decision and Reasons for Decision, the application is dismissed.

COMMISSIONER

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