The Australian Workers’ Union

[2010] FWA 10099

[2010] FWA 10099

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2010/15740)

COMMISSIONER RYAN MELBOURNE, 30 DECEMBER 2010

RUS Mining Services Victorian Desalination Project Greenfields Agreement 2010 (Tunnels).

[1] Application for approval of the RUS Mining Services Victorian Desalination Project Greenfields Agreement 2010 (Tunnels) (the agreement) was made by The Australian Workers Union on 16 December 2010.

[2] The Agreement was not a greenfields agreement as one employee was employed at the time the agreement was made.

[3] An Employer Declaration in Support of Application for Approval of Enterprise Agreement (F17) was sworn by Mr Brian McCowan on behalf of the employer. The statutory declaration of Mr McCowan discloses that the Notice of Employee Representational Rights was issued to the one employee on 10 December 2010 and that the employee voted to approve the agreement on 16 December 2010.

[4] I contacted Mr McCowan on 24 December and he confirmed to me that the information in the F17 was correct. Mr McCowan declined an opportunity to discontinue this application and to make a fresh application after giving the one employee an opportunity to vote on the agreement after a minimum of 21 days after the date of issue of the Notice of Employee Representational Rights.

[5] The agreement has not been genuinely agreed to in accordance with s.188 as the requirements of s.181 have not been met. This means that the agreement cannot be approved as the requirement in s.186(2)(a) has not been met.

[6] I dismiss the application.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, PR505590>