Tocumwal Golf Club Ltd
[2010] FWA 272
•15 JANUARY 2010
[2010] FWA 272
The attached document replaces the document previously issued with the code [2010] FWAA 199 on 15 January 2010.
The code in the top left hand corner of the preamble has been amended to read [2010] FWA 272.
Kiet Mac
Associate to Commissioner McKenna
20 January 2010.
[2010] FWA 272 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/23472)
Food, beverages and tobacco industry | |
COMMISSIONER MCKENNA | SYDNEY, 15 JANUARY 2010 |
Tocumwal Golf Club Ltd Enterprise Agreement.
Application for approval of the Tocumwal Golf Club Ltd Enterprise Agreement.
[1] This is an application made under s185 of the Fair Work Act 2009 (the Act) for the approval of a single-enterprise agreement. In the employer’s declaration in support of the application, Rodney Booth, Operations Manager, deposed that the last notice to employees under s173(1) of the Act, dealing with giving notice of employee representational rights, was given “1 week prior to voting via payslips”.
[2] Section 181 of Part 2-4 of Chapter 2 of the FW Act specifies circumstances in which employers may request employees to approve a proposed enterprise agreement:
181 Employers may request employees to approve a proposed enterprise agreement.
(1) An employer that will be covered by a proposed enterprise agreement may request the employees employed at the time who will be covered by the agreement to approve the agreement by voting for it.
(2) The request must not be made until at least 21 days after the day on which the last notice under subsection 173(1) (which deals with giving notice of employee representational rights) in relation to the agreement is given.
(3) Without limiting subsection (1), the employer may request that the employees vote by ballot or by an electronic method.
[3] As the 21 day requirement in s181(2) of the FW Act has not been met, I decline to approve the agreement.
COMMISSIONER
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