FWA 1753
Fair Work Act 2009
Watsiana Pty Ltd T/A Austin Earthmoving(AG2011/6810)
MELBOURNE, 23 MARCH 2011
Austin Earthmoving Enterprise Agreement.
 An application has been made for approval of an enterprise agreement known as the Austin Earthmoving Enterprise Agreement (the agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It was made by Watsiana Pty Ltd T/A Austin Earthmoving.
 The application was filed with Fair Work Australia on 17 February 2011.
 The enterprise agreement was made on 16 October 2009.
 Section 185(3) of the Act requires that an application for approval of an enterprise agreement must be made:
(a) within 14 days after the agreement is made; or
(b) if in all the circumstances FWA considers it fair to extend that period - within such further period as FWA allows.
 The Employer Declaration in support of approval invites an applicant to provide details of the circumstances which FWA should take into account in deciding if it is fair to extend the time for lodging the application. Watsiana P/L provided no information to support an extension of time.
 In the circumstances of this application, which is sixteen and a half months out of time, and in which, the applicant has not sought to provide any details of the circumstances which FWA should take into account in deciding if it is fair to extend the time for lodging the application, I do not consider it fair to extend the period in which an application must be made.
 The application is dismissed.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR507746>