s.185 - Application for approval of a single-enterprise agreement

Application for approval of a single enterprise bargaining agreement

• [1] An application has been made under s.185 of the Fair Work Act 2009 (Cth) (FW Act) by Teresa Manariti T/A Tnt Sealing for approval of a single enterprise agreement.

• [2] The application was lodged with the Fair Work Commission (Commission) on 10 February 2025, however, did not include a Form F17 statutory declaration, a copy of the notice of employee representational eights (NERR) or a signed copy of the agreement.

• [3] On the same day, the Commission staff followed up with the Applicant to request the missing documents. The Applicant indicated that they would submit the documents shortly.

• [4] After receiving no further communication, Commission staff followed up with the Applicant on 17 February 2025. The Applicant advised that they were unable to locate the relevant forms on the Commission's website. In response, Commission staff provided direct links to the Form F17 and general guidance on the agreement-making process and the NERR.

• [5] Following the allocation of the matter to my Chambers on 18 February 2025, correspondence was sent to the Applicant raising a number of concerns including a request for the missing Form F17, NERR, and a copy of the agreement. A response was sought by the applicant by close of business on 20 February 2025.

• [6] The applicant did not provide a response by the close of business 20 February 2025. As such, my Chambers sent further correspondence to the Applicant on 21 February 2025 advising that if a response was not received, the application was likely to be dismissed. To date, no response has been received by the Applicant.

• [7] In the absence of a response to the matters raised by the Commission, I turn to consider the application on the material before me.

• [8] The Act sets out a number of statutory approval requirements for enterprise agreements. Relevantly, an application for approval of an enterprise agreement must be accompanied by a signed copy of the agreement and any declarations that are required by the procedural rules to accompany the application. Without the provision of a signed agreement and required declarations, the application cannot have been properly made. As detailed above, unsuccessful attempts have been made by Commission staff and by my Chambers to obtain the required documentation in support of the application. No response has been received from the Applicant.

• [9] In the above circumstances, the application cannot have been properly made and must therefore be dismissed pursuant to s.587(1)(c). An order (PR785334) giving to this decision will be separately issued.

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