Application by Danny Hall Plumbing Pty Ltd

[2014] FWC 2171

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Danny Hall Plumbing Pty Ltd
(AG2014/4035)
Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 APRIL 2014

Application for approval of the Danny Hall Plumbing Pty Ltd - 2014-2019 Enterprise
Agreement.

[1] Danny Hall Plumbing Pty Ltd seeks approval of an agreement titled the Danny Hall

Plumbing Pty Ltd - 2014-2019 Enterprise Agreement (the Agreement).

[2] The Agreement put forward for approval provides at clause 5 “Term of Operation”

that the Agreement shall operate from 01/04/14 and will expire on 01/04/19 (five years).

[3] This is contrary to section 186(5)(b) of the Fair Work Act 2009 (the Act).
[4] This defect is not amenable to variation or any undertaking.
[5] In the circumstances, I decline to approve the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Danny Hall Plumbing Pty Ltd applied for the approval of a proposed enterprise agreement, the Danny Hall Plumbing Pty Ltd - 2014-2019 Enterprise Agreement, under the Fair Work Act 2009. The application was heard by Deputy President Lawrence in Sydney on April 2, 2014. The proposed agreement aimed to cover the period from April 1, 2014, to April 1, 2019. However, the Deputy President identified that the term of operation of the proposed agreement, as stipulated in clause 5, was contrary to section 186(5)(b) of the Fair Work Act 2009. Specifically, the agreement was set to expire on April 1, 2019, which did not comply with the statutory requirement for a maximum term of four years for enterprise agreements. This defect was deemed not amenable to variation or any undertaking, leading the Deputy President to decline approval of the agreement.

The legal issue before the Deputy President was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009, specifically in relation to the maximum term of operation for such agreements. The Deputy President found that the agreement's term of operation did not align with the statutory maximum of four years, as outlined in section 186(5)(b) of the Act. This discrepancy rendered the agreement non-compliant with the legislative framework governing enterprise agreements.

The Deputy President concluded that the proposed agreement was not in compliance with the statutory requirements of the Fair Work Act 2009. Given that the defect identified in the agreement's term of operation was not capable of being varied or subject to any undertaking that would render the agreement compliant, the Deputy President declined to approve the Danny Hall Plumbing Pty Ltd - 2014-2019 Enterprise Agreement. As a result, the application for approval of the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established