Transport Workers' Union of Australia-Western Australia Branch

[2009] FWA 984

[2009] FWA 984

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transport Workers' Union of Australia-Western Australia Branch
(AG2009/15823)

Private transport industry
COMMISSIONER WILLIAMS	PERTH, 6 NOVEMBER 2009

NT WestAus Pty Ltd T/A Neway Transport Certified Agreement 2009.

[1] An application has been made by the Transport Workers' Union of Australia-Western Australia Branch (Inc) for approval of an enterprise agreement known as the NT WestAus Pty Ltd T/A Neway Transport Certified Agreement 2009 (the Agreement). The Agreement is a single enterprise agreement.

[2] This application has been lodged out of time.

[3] Subsection 181(2) of the Fair Work Act (the Act) has not been complied with. Consequently the enterprise agreement has not been genuinely agreed to by the employees within the meaning of s. 188(a)(ii).

[4] Whilst an extension of time for lodgement may have been granted, because the enterprise agreement does not meet the above requirement of the Act it cannot be approved. This application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A,  PR990492 >