RA Jordan Pty Ltd T/A Jordan Plumbing

[2020] FWCA 4308

[2020] FWCA 4308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RA Jordan Pty Ltd T/A Jordan Plumbing
(AG2020/2165)

R.A. JORDAN PTY. LTD. ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2020 - 2024

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 17 AUGUST 2020

Application for approval of the R.A. JORDAN PTY. LTD. ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the R.A. JORDAN PTY. LTD. ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2020 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RA Jordan Pty Ltd T/A Jordan Plumbing (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 August 2020.

[3] On 10 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 August 2020. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Where shift work does not continue for at least five days as provided in clause 5.8.1, employees will be paid for work performed outside the span of ordinary hours in clause 5.1 as if it were overtime and clause 5.6.1 will also apply.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[9] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[10] 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.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 August 2024.

COMMISSIONER

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