J & P Richardson Industries Pty Ltd T/A J & P Richardson Industries Pty Ltd

[2023] FWCA 1420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J & P Richardson Industries Pty Ltd T/A J & P Richardson Industries Pty Ltd

(AG2023/1060)

J&P RICHARDSON INDUSTRIES UNION ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 17 MAY 2023

Application for approval of the J&P Richardson Industries Union Enterprise Agreement 2023

J & P Richardson Industries Pty Ltd T/A J & P Richardson Industries Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the J&P Richardson Industries Union Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2023. The nominal expiry date of the Agreement is 16 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

J & P Richardson Industries Pty Ltd, trading as J & P Richardson Industries Pty Ltd, applied to the Fair Work Commission for the approval of the J&P Richardson Industries Union Enterprise Agreement 2023. The matter was heard by the Commission's Deputy President J.D.M. Hall. The application was made in the context of a dispute between the applicant and its employees regarding the terms and conditions of their employment under the proposed enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions, did not discriminate against any particular class of employees, and had been made in good faith. Furthermore, the Commission needed to consider whether the agreement was in the interests of the employees and the employer.

After thorough examination of the application, the Commission found that the proposed agreement did indeed comply with the relevant statutory requirements. The Deputy President noted that the agreement contained appropriate minimum terms and conditions, did not discriminate against any employee class, and had been made in good faith. Additionally, the Deputy President determined that the agreement was in the best interests of both the employees and the employer. Consequently, the application for approval of the J&P Richardson Industries Union Enterprise Agreement 2023 was approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established