RA Jordan Pty Ltd T/A Jordan Plumbing

[2022] FWCA 1406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RA Jordan Pty Ltd T/A Jordan Plumbing

(AG2022/1097)

R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022 - 2026

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 APRIL 2022

Application for approval of the R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022 - 2026

RA Jordan Pty Ltd T/A Jordan Plumbing has made an application for the approval of an enterprise agreement known as the R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022 - 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Agreement was approved on 27 April 2022 and, in accordance with s 54, will operate from 4 May 2022. The nominal expiry date of the Agreement is 4 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of RA Jordan Pty Ltd T/A Jordan Plumbing, the Fair Work Commission was asked to consider the application for the approval of the R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022 - 2026. The applicant, RA Jordan Pty Ltd, sought approval of the agreement which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU had opposed the approval of the agreement, arguing it did not meet the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the legislative requirements for enterprise agreements, including whether it was made in good faith and whether it met the procedural requirements under the Act.

The Commission examined the evidence provided by both parties, focusing on the negotiation process and the content of the agreement. It was determined that the agreement was made in good faith, as there was no evidence of coercion or duress in the negotiation process. The Commission also found that the agreement met all procedural requirements, including the provision of relevant information to the employees and the opportunity for consultation. Additionally, the Commission considered the balance of rights and obligations in the agreement and found it to be fair and reasonable. Based on these findings, the Commission concluded that the agreement complied with the requirements of the Fair Work Act.

Accordingly, the Fair Work Commission approved the R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022 - 2026, finding that it met all necessary criteria. The decision was made in light of the evidence and arguments presented by both parties, with a careful consideration of the legal framework governing enterprise agreements. The final orders confirmed the approval of the agreement, which is now to be implemented between the applicant and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established