SP Air Conditioning Pty Ltd

[2024] FWC 2605

[2024] FWC 2605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

SP Air Conditioning Pty Ltd

(AG2024/3362)

DEPUTY PRESIDENT EASTON SYDNEY, 20 SEPTEMBER 2024

Application for termination of the SP Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023 – 2027 – application incomplete – application dismissed.

1. On 3 September 2024 SP Air Conditioning Pty Ltd made an application for the termination of the SP Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023 – 2027 under s.222 of the Fair Work Act 2009 (Cth). Mr Srdjan Pavlovic signed the application was the nominated contact person for the applicant employer.

1. For the reasons that follow I am satisfied that the application has not been made in accordance with the Act and that it is appropriate to dismiss the application.

1. The application form filed by Mr Pavlovic was incomplete. Some questions were not answered at all and, most importantly, no statutory declaration in support was provided.

1. Commission staff attempted to contact Mr Pavlovic on 4 September 2024 to advise him of the above.

1. On 5 September 2024 an email was sent to Mr Pavlovic to request that a completed Form F24 and a duly executed Form F24A be filed by no later than 10 September 2024. Mr Pavlovic has been on notice of the likely consequences of the application remaining incomplete.

1. No response has been received from Mr Pavlovic.

1. Section 587 of the Act provides as follows:

“587      Dismissing applications

(1)   Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

…

(3)   The FWC may dismiss an application:

(a)   on its own initiative; or

(b) on application.”

1. Section 587 confers a discretion on the Commission to dismiss the application. I am satisfied that SP Air Conditioning Pty Ltd has had the opportunity to put its case for consideration on all matters material to the making of the decision to dismiss the application under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein). Mr Pavlovic has been given ample opportunity to rectify the deficiency in the application however the Commission’s inquiries and warnings have been ignored.

1. I order that the application be dismissed.

DEPUTY PRESIDENT

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