DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unlimited Recruitment Pty Ltd
(AG2015/1699)

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 4 FEBRUARY 2015

Application for approval of the Unlimited Recruitment Pty Ltd Enterprise Agreement 2014.

[1] Unlimited Recruitment Pty Ltd lodged an application for approval of the Unlimited Recruitment Pty Ltd Enterprise Agreement 2014 on 21 January 2015.

[2] On 28 January 2015, I wrote to Unlimited Recruitment advising that the notice of representational rights did not comply with section 174 of the Fair Work Act 2009.

[3] The notice of representational rights did not include the following:

Questions?

If you have any questions about this notice or about enterprise bargaining, please speak to either your employer, bargaining representative, go to or contact the Fair Work Commission Infoline on [insert number].

[4] Unlimited Recruitment was given until close of business on 2 February 2015 to advise if it wished to press its application or discontinue the application. Unlimited Recruitment was advised that if no response was received I would decide the application on the basis of the material before the Commission. No response was received.

[5] In Peabody Moorvale Pty Ltd v CFMEU 1the Full Bench held that “the consequence of failing to give a Notice which complies with the content and the form requirements of s.174(1A) is that the Commission cannot approve the agreement.....In our view s.174(1A) is clear and unambiguous. There is simply no capacity to depart from the form and the content of the notice template provided in the Regulations. A failure to comply with these provisions goes to invalidity.”

[6] As the notice in this case does not contain the content prescribed by the regulations the application cannot be approved.

[7] I therefore dismiss the application for approval of the Agreement.

DEPUTY PRESIDENT

1 [2014] FWAFB 2042 at [45]-[46]

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