The Australian Ballet
[2011] FWA 1125
•21 FEBRUARY 2011
[2011] FWA 1125 |
|
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
(AG2010/29955)
THE AUSTRALIAN BALLET TECHNICAL STAFF ENTERPRISE AGREEMENT 2010—2013
Live performance industry | |
DEPUTY PRESIDENT IVES | MELBOURNE, 21 FEBRUARY 2011 |
Application for approval of The Australian Ballet Technical Staff Enterprise Agreement 2010—2013.
[1] An application has been made for approval of an enterprise agreement known as The Australian Ballet Technical Staff Enterprise Agreement 2010—2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Australian Ballet (the Applicant). The Agreement is a single enterprise agreement.
[2] The Agreement was made on 24 December 2010.
[3] The Form F17 Employer’s Declaration, that was submitted with the application for approval indicates, at question 2.1(a) that no notice of representational rights was given.
[4] This circumstance was confirmed verbally, and in correspondence received from the Applicant on 11 February 2011.
[5] Section 173 of the Act relevantly provides as follows:
“173 Notice of employee representational rights
Employer to notify each employee of representational rights
(1) An employer that will be covered by a proposed enterprise agreement that is not a greenfields agreement must take all reasonable steps to give notice of the right to be represented by a bargaining representative to each employee who:
(a) will be covered by the agreement; and
(b) is employed at the notification time for the agreement.
Note: For the content of the notice see section 174.”
[6] The application for approval is refused on the basis that a notice of representational rights was not given as required by section 173 of the Act.
DEPUTY PRESIDENT
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