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

[2018] FWC 1769

[2018] FWC 1769

FAIR WORK COMMISSION

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.

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