Sydney Adventist Hospital Ltd T/A Sydney Adventist Hospital
[2010] FWA 757
•3 FEBRUARY 2010
[2010] FWA 757 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/24327)
COMMISSIONER MCKENNA | SYDNEY, 3 FEBRUARY 2010 |
Sydney Adventist Hospital Support Services Enterprise Agreement 2009 - 2011.
[1] I have today received the following correspondence from the applicant’s representative:
Re: AG2009/24327. Application for approval of Sydney Adventist Hospital Support Services Enterprise Agreement 2009 - 2011
This matter is set down for mention on Thursday 4th February 2010 before Commissioner McKenna.
A review of the form 17 clearly indicates that the seven day required between when the agreement was distributed and when the ballot was opened has not been met, which is a clear breach of the requirements of section 180 (4) of the Act.
Accordingly, we advise that our client has instructed us to withdraw this application pursuant to s185 of the Fair Work Act 2009 (Cth).
Accordingly we respectfully request that this matter, listed for mention on Thursday 4th February 2010 be vacated from the list
Our client intends to re visit the process and will re draft the Agreement to ensure compliance with the BOOT test and will recommence the negotiation, consultation and ballot process.
The Health Services Union is aware of our instructions.
[2] In the circumstances, I note the application has been withdrawn and that the listing has been vacated.
[3] The proceedings are concluded accordingly.
COMMISSIONER
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