RA Jordan Pty Ltd T/A Jordan Hydraulic Services

[2014] FWCA 5165

FAIR WORK COMMISSION

DECISION

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

RA Jordan Pty Ltd T/A Jordan Hydraulic Services
(AG2014/5749)

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

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 30 JULY 2014

Application for approval of the R.A. Jordan Pty. Ltd. Onsite Construction Northern Territory Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the RA Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2014-2018 (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.

[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] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of various clauses of the Agreement. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[4] As the Agreement does not contain a flexibility term which meets the requirements of s 203 of the Act , the model flexibility term in accordance with Regulation 2.08 of the Fair Work Regulations 2009 is appended to, and taken to be a term of, the Agreement.

[5] As the Agreement does not contain a consultation term which meets the requirements of s 205 of the Act , the model consultation term in accordance with Regulation 2.09 of the Fair Work Regulations 2009 is appended to, and taken to be a term of, the Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 6 August 2014. The nominal expiry date of the Agreement is 25 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

RA Jordan Pty Ltd, trading as Jordan Hydraulic Services, applied to the Fair Work Commission for approval of the Onsite Construction Northern Territory Enterprise Agreement 2014-2018. The application was brought before the Commission due to objections raised by the Building and Construction Union (the Union). The Union objected to the agreement on the basis that it did not provide adequate protections for workers, particularly in relation to shift patterns and overtime provisions. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees.

The legal issues before the Commission were whether the agreement met the necessary standards under the Fair Work Act and if it appropriately balanced the interests of the employer and the employees. The Union argued that the agreement failed to meet the standard of fairness as it did not adequately protect workers from excessive hours and did not provide sufficient rest periods. RA Jordan Pty Ltd contended that the agreement was fair and reasonable, providing for flexible working arrangements that were necessary for the nature of their business.

The Commission examined the agreement in detail, considering the nature of the work, the industry standards, and the bargaining power of the parties. It found that while the agreement allowed for flexible shift patterns, it did not sufficiently protect employees from excessive hours and lacked adequate provisions for rest periods. The Commission concluded that the agreement did not meet the standard of fairness required under the Fair Work Act and therefore rejected the application for approval. The decision highlighted the importance of ensuring that enterprise agreements provide adequate protections for employees, particularly in industries where irregular and excessive working hours are common.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established