The Australian Workers’ Union

[2013] FWC 3915

[2013] FWC 3915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/6943)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2013

Application for approval of the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013.

[1] Application was made on 11 June 2013 by The Australian Workers’ Union (AWU) for approval of the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013 (the agreement).

[2] The application was accompanied with a Form F17 - Employer’s Declaration in Support of Application for Approval of Enterprise Agreement sworn by Mr Glen Jansz, Manager - Receuitment & Labour Services of the employer in this matter. Mr Jansz declared that there was only 1 employee to be covered by the Agreement and that the single employee voted to approve the Agreement on 24 May 2013.

[3] The Fair Work Amendment Act 2012 (the Amendment Act) was assented to on 4 December 2012. Schedule 4 to the amended Actwas to commence either on a date fixed by Proclamation or 6 months after assent. By Proclamation Schedule 4 commenced on 1 January 2013.

[4] One of the amendments to the Fair Work Act 2009 (the Act) made by Schedule 4 of the Amendment Act was to s.172 of the Act by the addition of a new sub-section (6) as follows:

Requirement that there be at least 2 employees

(6) An enterprise agreement cannot be made with a single employee.

[5] Section 182 of the Act relevantly provides that a single-enterprise agreement “is made when a majority of those employees who cast a valid vote approve the agreement.”

[6] In the present matter the Agreement was made on 24 May 2013 and was therefore subject to the operation of s.172(6) which prevented the Agreement being made as there was only one employee with whom an agreement could be made.

[7] As the Agreement could not be made for the purpose of s.182 of the Act there is therefore no valid application before me.

[8] I formally dismiss the application.

COMMISSIONER

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