Timeframe to apply – within 14 days | Enterprise agreements benchbook

Timeframe to apply – within 14 days

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Single or multi-enterprise agreements

The application must be made within 14 days of an agreement being made.

The 14 days can be extended by the Fair Work Commission where, in all the circumstances, it considers it is fair to do so.^[1] This will depend on the reason the application was lodged late.

Important

Section 36(2) of the Acts Interpretation Act 1901 (Cth)^[2] deals with when the end of a period of time occurs. It says:

'Where the last day of any period prescribed or allowed by an Act for the doing of anything falls on a Saturday, on a Sunday or on a day which is a public holiday or bank holiday in the place in which the thing is to be or may be done, the thing may be done on the first day following which is not a Saturday, a Sunday or a public holiday or bank holiday in that place.'

This means that if the end of the 14 day period to lodge an agreement falls on 'a Saturday, on a Sunday or on a day which is a public holiday or bank holiday' then the application can be lodged on the next business day.

An application can be made any time within the 14 day period, including immediately after the agreement is made.^[3]

Case examples

Application to extend timeframe dismissed

Re Watsiana Pty Ltd T/A Austin Earthmoving

Re Watsiana Pty Ltd T/A Austin Earthmoving [2011] FWA 1753 (Ryan C, 23 March 2011).

The agreement was lodged 16 months after it was made. No explanation was provided by the applicant. The Commission considered that it was not fair to extend the application period. The agreement was not approved.

Re Estate Agents Co-Operative Clerical, Pre-Press and Information Technology Employees Collective Agreement 2010

Re Estate Agents Co-Operative Clerical, Pre-Press and Information Technology Employees Collective Agreement 2010 [2010] FWA 8937 (Cambridge C, 22 November 2010).

The agreement was lodged about 17 days late. The Commission raised numerous concerns regarding a number of clauses within the agreement that were confusing and ambiguous. The employer failed to address these concerns. In all the circumstances, the Commission did not consider it fair to extend the application period. The agreement was not approved.

Greenfields agreements

An application for the approval of a greenfields agreement must be made within 14 days of the agreement being made.^[5]

Important

The Commission cannot extend the 14 day period in which to make an application for approval of a greenfields agreement in any circumstance.

Related information

References

^[1]Fair Work Act 2009 s.185(3).

^[2] As in force 25 June 2009 (see Fair Work Act s.40A).

^[3] Explanatory memorandum to Fair Work Bill 2008 at para. 764.

^[4] Fair Work Act s.185(4).

Updated time

Last updated

24 May 2019

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