Whittens Bros T/A Whittens (WA) Pty Ltd

[2011] FWA 8663

[2011] FWA 8663

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Whittens Bros T/A Whittens (WA) Pty Ltd
(AG2011/12015)

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 DECEMBER 2011

Application for variation of the Whitten Bros Constructions Pty Ltd Enterprise Agreement 2010 (WA Operations).

[1] An application was lodged on 5 September 2011 seeking variation to the Whitten Bros Constructions Pty Ltd Enterprise Agreement 2010 (WA Operations) (the Agreement). The name of the applicant on the form lodged (Form 23) was stated as Whitten Bros with a trading name of Whittens (WA) Pty Ltd (the Applicant). The Form F23 lodged had a number of deficiencies. Foremost was that it was not signed. This was brought to the attention of the Applicant and a signed Form F23 was lodged on 9 September 2011.

[2] The Employer’s Declaration in Support of the Application (Form F23A) lodged explained that the variation to the agreement was only to reflect a change in the name of the employer. However, the Form F23A also had a number of deficiencies including attachments required not being provided. For example, a signed copy of the variation was not provided.

[3] Attached to the application was a copy of a Certificate of Registration of Business Name from the New South Wales Department of Fair Trading. The business name identified was “Whittens”. There were six entities shown as the Proprietors.

[4] The employer party to the Agreement being sought to be varied is Whitten Bros. Constructions Pty Ltd. That is not one of the proprietors named on the Certificate.

[5] Despite several requests of the Applicant to provide information and documents, it has not been provided.

[6] Whilst the variation sought has every appearance of being a simple formality, I am not satisfied that the requirements for me to approve it have been met.

[7] The application is dismissed

DEPUTY PRESIDENT

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