[2014] FWC 2476 [Note: a correction has been issued to this document]



Fair Work Act 2009

s.185—Enterprise agreement

Malteurop Australia Pty Ltd



Application for approval of the Malteurop Australia Operators Enterprise Agreement 2014 - signature requirements - Reg. 2.06A - application dismissed.

[1] An application has been made by Malteurop Australia Pty Ltd (Applicant) for approval of an enterprise agreement known as the Malteurop Australia Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 - Declaration of Employee Organisation in Relation to Application for Approval of Enterprise Agreement (Form F18) giving notice that it was a bargaining representative for the Agreement. However, the Form F18 also stated that the AMWU did not support approval of the Agreement as:

[3] The matter was listed for a hearing on 4 April 2014 but neither the Applicant nor anyone from the AMWU attended. The AMWU subsequently sent an email to chambers which amongst other things said “To be clear the AMWU does not oppose the approval of the Malteurop Agreement.”

[4] Section 185 of the Act provides that:

Application for approval

Material to accompany the application

When the application must be made

Signature requirements

[5] Regulation 2.06A of the Fair Work Regulations prescribes the requirements relating to the signing of enterprise agreements. Specifically, the Regulation 2.06A states:

2.06A Bargaining representative must apply for FWC approval of an enterprise agreement—requirements for signing agreement

[6] The signed agreement attached to the application did not meet the requirements of s.185(2)(a) of the Act as it did not include the full name and address of each person who signed the agreement nor an explanation of some of the signatories authority to sign the agreement as required by Regulation 2.06A.

[7] As the requirements of s.185(2)(b) have not been complied with the application is not a valid application. The application is therefore dismissed.


Printed by authority of the Commonwealth Government Printer

<Price code A, PR549633>