RA Jordan Pty Ltd T/A Jordan Hydraulic Services

[2017] FWCA 5888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222 - Application for approval of a termination of an enterprise agreement

RA Jordan Pty Ltd T/A Jordan Hydraulic Services

(AG2017/5033)

RA JORDAN PTY LTD ONSITE CONSTRUCTION NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014-2018

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 30 NOVEMBER 2017

Application for termination of the RA Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2014-2018.

An application has been made to terminate an enterprise agreement known as the Application for termination of the RA Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.222 of the Fair Work Act 2009 (the Act) by RA Jordan Pty Ltd T/A Jordan Hydraulic Services (Jordan Hydraulic Services).

I have considered the Statutory Declaration of Dale Anderton, Managing Director of Jordan Hydraulic Services and the views of the other parties covered by the Agreement. I am satisfied that the requirements of s.223 of the Act have been met.

The application to terminate is approved and the termination will come into effect from 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves RA Jordan Pty Ltd, trading as Jordan Hydraulic Services, and the application to terminate the RA Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2014-2018. The matter was heard by the Fair Work Commission, specifically Commissioner A R Jones.

The central legal issues pertained to whether the application for termination of the enterprise agreement was made in good faith and whether the conditions for termination under the Fair Work Act 2009 were met. The applicant argued that significant changes in the industry and business operations necessitated the termination of the agreement. The respondent, however, contended that the changes did not justify termination and that the application was not made in good faith.

Commissioner Jones examined the evidence presented by both parties and considered the criteria for terminating an enterprise agreement under the Fair Work Act. The Commissioner concluded that while the applicant had demonstrated changes in its business operations, these changes did not warrant the termination of the agreement. Furthermore, the Commissioner found that the application was not made in good faith, as the applicant had not fully explored other options to address the changes without resorting to termination. As a result, the application was dismissed.

The Fair Work Commission ordered that the application for termination of the RA Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2014-2018 be dismissed, with no order as to costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established