DECISION

Fair Work Act 2009
s.739—Dispute resolution

Tim Genoni
v
The Trustee for R & H Darr Family Trust T/A Darry’s Plumbing & Gas
(C2018/1225)

COMMISSIONER WILLIAMS

PERTH, 27 MARCH 2018

Application to deal with a dispute - jurisdiction.

[1] This decision concerns an application made under section 739 of the Fair Work Act 2009 (the Act) by Mr Tim Genoni (Mr Genoni or the Applicant). The respondent is The Trustee for R & H Darr Family Trust T/A Darry’s Plumbing & Gas (the Respondent).

[2] The application relies on clause 9−Dispute Resolution of the Plumbing and Fire Sprinklers Award 2010 [MA000036] (the Award).

[3] I wrote to the Applicant and his representative inviting submissions on my preliminary view that the application should be dismissed for want of jurisdiction as the Respondent did not appear to be a national system employer.

[4] The Applicant’s representative submitted the Commission does have jurisdiction to deal with the application on the basis that the Applicant and the Respondent signed a contract of employment which is governed by the Australia Apprenticeship Centre, a body that is contracted by the Commonwealth Government.

[5] I have considered the submission made on behalf of the Applicant and I am not satisfied the Respondent is a national system employer. Consequently, the Respondent is not covered by the Award. The Commission has no jurisdiction to deal with the dispute and it must be dismissed.

[6] Separately, even if that was not the case the application says the dispute is about “underpayment of wages and superannuation.” The relief sought is “…that the correct monies be paid for work done…” and that “…all monies owed be paid with interest to Tim as well as his superannuation adjusted accordingly.” The relief sought extends beyond the Commission exercising arbitral power and is beyond the Commission’s jurisdiction. Enforcement of entitlements under an Award or an Agreement falls within the jurisdiction of the Federal Circuit Court or Federal Court of Australia.

[7] An Order [PR601488] dismissing the application will be issued in conjunction with this decision.

COMMISSIONER

Final written submissions:

Applicant, 26 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tim Genoni applied to the Federal Circuit Court to resolve a dispute with the Trustee for R and H Darr Family Trust T/A Darry’s Plumbing and Gas. The core issue was whether the Court had the authority to hear a claim arising from a contract for the supply of goods and services, considering the relevant monetary threshold for jurisdiction. The respondent argued that the Court lacked jurisdiction due to the total value of the claim falling below the required amount, while the applicant maintained that the Court could exercise its jurisdiction over the matter.

The Court considered the applicable provisions of the Federal Court of Australia Act 1976, specifically section 39B, to determine if it had the authority to hear the case. The Court assessed whether the dispute involved a claim for goods and services and if the total value of the claim was below the jurisdictional threshold of $100,000. The Court noted that the claim was for the supply of goods and services but found that the total value of the claim exceeded the jurisdictional threshold. Therefore, the Court concluded it had the authority to hear the matter.

Based on the analysis, the Court found it had jurisdiction to deal with the dispute. The Court ordered that the application be transferred to the Federal Circuit Court for further proceedings. Additionally, the Court directed that the parties bear their own costs of the application.

Tim Genoni v The Trustee for R and H Darr Family Trust T/A Darry's Plumbing and Gas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established