Agreement fails because workers not notified of representation rights

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Agreement fails because workers not notified of representation rights

Fair Work Australia has knocked back an application for approval of an enterprise agreement because the workers were not provided proper notification of employee representational rights.

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Fair Work Australia has knocked back an application for approval of an enterprise agreement because the workers were not provided proper notification of employee representational rights.
 
Senior Deputy President Graeme Watson rejected the application by Dubrae Pty Ltd trading as Global Foods Equipment.
 
He said the agreement application was made during the bridging period and was subject to the approval requirements of the Transitional Act.
 
Not satisfied about notice
 
‘On the face of the materials filed, I was not satisfied that the employer provided a notice of employee representational rights as required by s173 of the Act,’ DP Watson said.
 
‘As a result, the matter was brought on for hearing via video link on 5 August 2009, to seek clarification from the applicant on this point.'
 
‘In the hearing, the applicant’s representative conceded that, whilst some employees obtained representation, no notice of employee representational rights was provided to employees.'
 
‘In the absence of compliance with the requirements of s173 of the Act, I am not satisfied that the agreement has been genuinely agreed to by employees to be covered by it.'
 
Compliance required
 
‘Genuine agreement requires compliance with s181(2) of the Act which requires that employees not be requested to approve an enterprise agreement until 21 days after the last notice of employee representational rights is given.'
 
‘In the absence of a notice of employee representational rights, s181(2) has not been complied with.'
 
'In my view, the requirement in s173 of the Act, upon an employer to provide a notice of employee representational rights is a mandatory pre-requisite to the bargaining process and cannot be waived or rectified by an undertaking under s190 of the Act. Absent compliance with s173, the application is incompetent.'
 
‘I decline to approve the agreement.’
 
 
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