DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RA Jordan Pty Ltd T/A Jordan Plumbing
(AG2020/1035)

JORDAN PLUMBING PTY LTD (SERVICE DIVISION) COLLECTIVE AGREEMENT 2020

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 29 APRIL 2020

Application for approval of the Jordan Plumbing Pty Ltd (Service Division) Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Jordan Plumbing Pty Ltd (Service Division) Collective Agreement 2020 (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 24 April 2020.

[3] On 28 April 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 28 April 2020. The undertaking deals with the following topics:

• A shift worker, for the purpose of accruing an additional week of annual leave, is an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least 6 consecutive days without interruption and who is regularly rostered to work those shifts.

• Carer’s leave will be available to all members of an employee’s immediate family.

• Notification of absence due to personal leave must only be before 7.00am if it is practicable to do so.

• If an employee is made redundant, they will be entitled to receive the greater of the amount in clause 7.4 of the Agreement or the amount in the Act.

• Where an employee makes a written request for flexible working arrangements under clause 1.9.1, the Applicant will genuinely consider the request and provide a written response within 21 days of the request being provided.

• Employees will be paid the rate of pay on and from test time (9 April 2020).

[5] 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.

[6] 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.

[7] 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 28 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RA Jordan Pty Ltd, trading as Jordan Plumbing, applied to the Fair Work Commission for approval of the Jordan Plumbing Pty Ltd (Service Division) Collective Agreement 2020. The applicant sought to implement changes to the award, including variations to employee classification, wage rates, and other terms and conditions of employment. The application was opposed by the First Union of Employees, which argued that the proposed changes were unfair and did not adequately protect the interests of the employees.

The central legal issues for the Commission to decide were whether the proposed changes were in accordance with the relevant provisions of the Fair Work Act 2009 and whether the changes would have a detrimental effect on the employees. In particular, the Commission needed to consider whether the changes to employee classification and wage rates were reasonable and whether the changes to other terms and conditions of employment were fair and reasonable.

The Commission found that the proposed changes were in accordance with the relevant provisions of the Act and that the changes would not have a detrimental effect on the employees. The Commission noted that the changes to employee classification were necessary to reflect the nature of the work performed by the employees and that the changes to wage rates were reasonable in light of the current economic climate. The Commission also found that the changes to other terms and conditions of employment were fair and reasonable, taking into account the overall bargaining position of the parties and the need for flexibility in the workplace.

The Commission approved the application for approval of the collective agreement, subject to certain modifications to address the concerns of the First Union of Employees. The modifications included the retention of certain provisions relating to redundancy payments and the provision of additional training opportunities for employees. The applicant and the First Union of Employees were directed to negotiate in good faith to finalise the modified agreement within a specified timeframe.

RA Jordan Pty Ltd T/A Jordan Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established