R.A. Jordan Pty Ltd

[2014] FWCA 581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

R.A. Jordan Pty Ltd
(AG2013/12210)

JORDAN PLUMBING PTY LTD (SERVICE DIVISION) COLLECTIVE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 JANUARY 2014

Application for approval of the Jordan Plumbing Pty Ltd (Service Division) Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Jordan Plumbing Pty Ltd (Service Division) Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.A. Jordan Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a flexibility term which meets the requirements of s.202 of the Act, the model flexibility term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2014. The nominal expiry date of the Agreement is 1 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, R.A. Jordan Pty Ltd, sought approval from the Fair Work Commission of the Jordan Plumbing Pty Ltd (Service Division) Collective Agreement 2013. The dispute involved the interpretation and application of the Fair Work Act 2009, specifically in relation to the approval process for a new collective agreement within the construction industry. The Fair Work Commission was the forum for resolving this matter.

The legal issues before the Commission were whether the collective agreement met the requirements of the Fair Work Act, and if so, whether it should be approved. The Commission had to determine if the agreement was a "certified agreement" under section 173 of the Fair Work Act, which requires a majority of employees in the enterprise to vote in favour of the agreement. Additionally, the Commission had to assess whether the agreement contained provisions that were contrary to the Fair Work Act or that had been made in a manner that contravened the Act.

In deciding the matter, the Commission found that the collective agreement complied with the requirements of the Fair Work Act and should be approved. The Commission noted that the agreement had been certified by the relevant union and that the majority of employees had voted in favour of it. Furthermore, the Commission found that the agreement did not contain any provisions that were contrary to the Act or that had been made in a manner that contravened the Act. The Commission therefore approved the collective agreement, subject to certain minor modifications to ensure compliance with the Act.

As a result of the decision, the Fair Work Commission approved the Jordan Plumbing Pty Ltd (Service Division) Collective Agreement 2013, subject to the aforementioned modifications. This decision provides guidance to employers and employees in the construction industry on the requirements for approving a collective agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established