Wangaratta Abattoirs Pty Ltd
[2009] FWA 1155
•10 DECEMBER 2009
[2009] FWA 1155 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/15013)
DEPUTY PRESIDENT HAMILTON | MELBOURNE, 10 DECEMBER 2009 |
Wangaratta Abattoirs Pty Ltd & Australasian Meat Industry Employees Union Collective Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Wangaratta Abattoirs Pty Ltd & Australasian Meat Industry Employees’ Union Collective Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wangaratta Abattoirs Pty Ltd. The agreement is a single-enterprise agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). Accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] The employer declared that the agreement was made on 17 September 2009.
[4] Section 181 of the Fair Work Act states
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.
[5] An employer cannot request an employee to approve an agreement under section 181 until 21 days after the last notice is given. If this requirement is not met, the agreement cannot be approved. On the basis of information provided, I am unable to ascertain when, if at all, the last notice of representational rights was given to employees.
[6] Fair Work Australia wrote to Wangaratta Abattoirs Pty Ltd on 16 October 2009 and copied in The Australasian Meat Industry Employees Union, providing an opportunity for further material to be provided. No response has been received.
[7] The application for approval is refused.
DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR990836>
0
0
0