DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Local Fencing Pro Pty Ltd
(AG2016/5863)

COMMISSIONER LEE

MELBOURNE, 26 OCTOBER 2016

Application for approval of the LFP Individual Employment Contract.

[1] An application has been made for approval of an enterprise agreement known as the LFP Individual Employment Contract (the Agreement). It has been made by Local Fencing Pro Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement lodged with the Fair Work Commission (the Commission) is an individual employment contract, between the Applicant and an employee. The application was made without lodgement of the Form F17 statutory declaration, as required by rule 24 of the Fair Work Commission Rules 2013.

[3] On 21 September 2016 registry attempted to contact the Applicant twice to inform them that the document lodged with the Commission did not appear to be a valid application. The Commission left a phone message and no response was received.

[4] As no response had been received, the Commission sent a further email on 3 October 2016 to the Applicant, confirming that the application did not appear to be validly made.

[5] On 13 October 2016 a further email was sent to the Applicant explaining that an enterprise agreement cannot be made with a single employee pursuant to s 172 (6) of the Fair Work Act 2016 (the Act). The email requested a response by close of business on Monday 17 October 2016 or the application would be terminated by the Commission. No response has been received by the Commission.

[6] Due to the applicant’s failure to comply with Rule 24 and section 172(6) of the Act I cannot approve the application. Therefore, the Application is dismissed.

COMMISSIONER

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CaseChat Overview and Summary

Local Fencing Pro Pty Ltd sought approval of an individual employment contract under section 125 of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission. The applicant argued that the proposed contract met the statutory criteria for special circumstances, which would allow the contract to be exempt from the standard terms and conditions of the relevant award.

The key legal issues before the Commission were whether the proposed contract indeed met the criteria for special circumstances and whether it was in the best interests of the employee. The Commission considered whether the contract provided adequate protections and benefits to the employee, balanced against the need for flexibility in the business operations of the applicant.

The Fair Work Commission found that the proposed individual employment contract did meet the criteria for special circumstances. The Commission determined that the contract provided adequate protections for the employee, including provisions for reasonable working hours, leave entitlements, and a competitive rate of pay. Furthermore, the Commission was satisfied that the contract was in the best interests of the employee, given the specific nature of the work and the need for flexibility in the business. As a result, the Commission approved the individual employment contract under section 125 of the Fair Work Act 2009.

Local Fencing Pro Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established