DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RA Jordan Pty Ltd T/A Jordan Hydraulic Services
(AG2017/5037)

R. A. JORDAN PTY. LTD. ONSITE CONSTRUCTION NORTHERN TERRITORY ENTERPRISE AGREEMENT 2017 - 2021

Plumbing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MARCH 2018

Application for approval of the R.A Jordan Pty. Ltd. Onsite Construction Northern Territory Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the R.A Jordan Pty. Ltd. Onsite Construction Northern Territory Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RA Jordan Pty Ltd T/A Jordan Hydraulic Services. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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 noted, pursuant to s.190(3), I have accepted undertakings from RA Jordan Pty Ltd T/A Jordan Hydraulic Services. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 29 March 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the R.A Jordan Pty. Ltd. Onsite Construction Northern Territory Enterprise Agreement 2017-2021. The applicant, RA Jordan Pty Ltd, trading as Jordan Hydraulic Services, sought approval of this agreement from the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval and whether it complied with the relevant provisions of the Act.

The primary legal issue was whether the agreement contained terms that were not "directly related" to the employees' terms and conditions of employment as required by section 233 of the Fair Work Act 2009. This involved an examination of whether the terms in the agreement were necessary and relevant to the employment relationship or if they went beyond what was permissible. The court also considered whether the agreement had been made in accordance with the procedural requirements outlined in the Act.

The Fair Work Commission determined that the agreement did not contain any terms that were not directly related to the employees' terms and conditions of employment. It found that all terms were necessary and relevant to the employment relationship. The Commission also concluded that the agreement had been made in accordance with the procedural requirements of the Act, including proper notification and opportunity for employee representation. As a result, the Commission approved the application and certified the enterprise agreement as meeting the requirements of the Act.

Consequently, the Fair Work Commission certified the R.A Jordan Pty. Ltd. Onsite Construction Northern Territory Enterprise Agreement 2017-2021 as meeting the necessary legal standards. This certification validated the agreement, allowing it to be implemented as the basis for the employment conditions of the relevant employees.

RA Jordan Pty Ltd T/A Jordan Hydraulic Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established