s.185 - Application for approval of a single-enterprise agreement

Dsh Electrical Pty Limited Trading AS Nova Air And Electrical

Application for approval of the DSH Electrical Pty Limited Enterprise Agreement

• [1] On 10 December 2025 DSH Electrical Pty Ltd (Applicant) lodged a 'Form F16 - Application for approval of an enterprise agreement (other than a greenfields agreement)' (Form F16). I identified concerns with the application which were raised with the Applicant via email.

• [2] At the time of lodging the Form F16 the Applicant provided a copy of an agreement which clause 1 of that agreement identified as the 'DSH Electrical Pty Limited Enterprise Agreement' (Agreement). Clause 2 of the Agreement stated that it covered the Applicant and a single employee who was described in the Agreement as a 'full-time director-employee of the business'. Clause 2 clarified that no other employees were covered by the Agreement. Section 172(6) of the Fair Work Act 2009 (Cth)(Act) provides that an enterprise agreement cannot be made with a single employee. The Applicant did not respond to the Commission's email raising this concern and as an enterprise agreement cannot be made with a single employee, I dismiss the application.

• [3] I also note that even if the Agreement was an enterprise agreement, it appears to have been signed by the parties on 27 August 2014, over 11 years ago. Section 185(3) of the Act requires that an application be made within 14 days after the Agreement is made or within such period as the Commission allows if in all the circumstances the Commission considers it fair to extend that period. Given significant age of the Agreement and lack of submissions addressing the concern, I would not have granted an extension to make the application. Section 185(2)(b) of the Act also required that an application be accompanied by any declarations that are required by the procedural rules to accompany the application and the Commission's records indicate no Form F17 accompanied the application as required by those rules. The Applicant did not respond to the Commission's email raising this concern and even if the Agreement was an enterprise agreement, this provides a further basis for dismissal of the application.

• [4] As noted above, the application is dismissed.

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