ENTERPRISE AGREEMENTS – notice of representational rights – ss.174(1A), 185 Fair Work Act 2009 – Sched 2.1 Fair Work Regulations 2009 – application for approval of Melbourne Polytechnic Professional Administrative Clerical Computing and Technical Staff Agreement 2016 made by Melbourne Polytechnic – whether a valid Notice of Employee Representational Rights (Notice) was given to relevant employees – Notice issued to employees proposed to be covered by agreement replaced of the words ‘please speak to either your employer….’ under the heading ‘Questions?’ to ‘please speak to Joy Drever Ext. 1261….’ – parties conceded the Notice differed from the version in Schedule 2.1 of the Regulations – argued that the Commission had a discretion to find a Notice that deviated from Schedule 2.1 valid in circumstances where the deviation was ‘minor, insignificant and immaterial’ [AMOU] and [DP World Melbourne] – contended that the mere inclusion of Ms Drever’s name and contact number did not change the intent or effect of the language in the version of the Notice prescribed by the Regulations and indeed was more helpful than simply using the word ’employer’ – Peabody considered – Commission found the Notice did not conform with s.174(1A)(a) of FW Act – consistent with Peabody, Commission found the Notice was invalid and therefore no Notice as required by the FW Act was given – failure to issue a complying Notice meant the application for approval of the agreement must fail – application dismissed. Melbourne Polytechnic Professional Administrative Clerical Computing and Technical Staff Agreement 2016
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