Tasmanian Aboriginal Centre Inc

[2014] FWC 9415

[2014] FWC 9415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Aboriginal Centre Inc
(AG2014/10022)

COMMISSIONER LEE MELBOURNE, 24 DECEMBER 2014

Application for approval of the Tasmanian Aboriginal Centre Inc. Enterprise Agreement 2014 - application dismissed.

[1] On 25 November 2014, the Tasmanian Aboriginal Centre Inc (the Applicant) made application to the Fair Work Commission (the Commission) under section 185 of the Fair Work Act 2009 (the Act) for the approval of the Tasmanian Aboriginal Centre Inc. Enterprise Agreement 2014 (the agreement).

[2] On 22 December 2014, I held a telephone hearing and gave a decision ex tempore. This is an edited version of that decision.

[3] The notice of employee representational rights provided to employees did not comply with the template for such a notice as set out in Schedule 2.1 of the Fair Work Regulations 2009 (the Regulations). The notice did not include the name of the employer, the name of the proposed agreement nor the proposed coverage of the agreement.

[4] A notice that does not identify these matters does not contain the content prescribed by the Regulations. There is no information to allow employees who will be covered by the proposed agreement to know the notice applies to them.

[5] As the notice requirements have not been complied with, the approval steps under section 181 of the Fair Work Act 2009 (the Act) have not been followed, and therefore the agreement does not satisfy section 188 of the Act and cannot be approved.

[6] The application is dismissed.

COMMISSIONER

Appearances:

C Mansell from the Respondent

Hearing details:

2014.

Melbourne (by telephone):

22 December.

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