RA Jordan Pty Ltd T/A Jordan Plumbing Summary

[2022] FWC 1225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.602 Application to correct obvious error(s) etc. in relation to FWC’s decision

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, 19 MAY 2022

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

Introduction and background

On 27 April 2022, The Fair Work Commission (the Commission) issued a decision (the Decision) approving the R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022 - 2026 (the Agreement).[1] However, there is an obvious error in the Decision that warrants correction under s 602 of the Fair Work Act 2009 (Cth) (the Act).

The obvious error, for which a correction is required, relates to paragraph [6] of the Decision which states: 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.

Section 186(5)(b) of the Act requires an agreements nominal expiry not be more than four years after the day on which the Commission approves an agreement. Consequently, the obvious error in the Decision is the incorrect statement of the nominal expiry date as four years from the operative date of the Agreement, rather than four years from the date the Agreement was approved.

Relevant Legislation

Section 602 of the Act provides:

602 Correcting obvious errors etc. in relation to the FWC’s decisions

(1) The FWC may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the FWC (other than an error, defect or irregularity in a modern award or national minimum wage order)

Note 1: If the FWC makes a decision to make an instrument, the FWC may correct etc. the instrument under this section (see subsection 598(2)).
Note 2: The FWC corrects modern awards and national minimum wage orders under sections 160 and 296.
(2) The FWC may correct or amend the error, defect or irregularity:
(a)on its own initiative; or

(b)on application.

Consideration

I am satisfied that the stated date of expiry of the Agreement on the Decision was an obvious error in relation to the Decision of the type that is capable of correction pursuant to s 602 of the Act.

I am further satisfied that it is appropriate to exercise the power under s 602 of the Act to correct the Decision by amending paragraph [6], so that the nominal expiry of the Agreement is 27 April 2026.

In accordance with s 602 of the Act, the Decision issued by the Commission on 27 April 2022 is amended so that nominal expiry date of the Agreement is four years from the approval date of the Agreement, instead of the operative date of the Agreement.

DEPUTY PRESIDENT

[1] [2022] FWCA 1406.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by RA Jordan Pty Ltd, trading as Jordan Plumbing, for the approval of the R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022-2026. The dispute centered on whether the agreement met the necessary legal standards and obligations under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement was appropriately drafted, contained the required provisions, and was fair and reasonable in its terms.

The key legal issues that the Fair Work Commission had to decide included whether the agreement provided for minimum entitlements as set out in the applicable awards and national employment standards, whether the agreement was procedurally valid, and if it contained the necessary dispute resolution provisions. Additionally, the Commission examined whether the agreement was made in good faith and if it adhered to the principles of procedural fairness and substantive fairness.

In reaching its decision, the Commission reviewed the terms of the agreement and the submissions made by the parties. It considered the procedural fairness of the agreement, including whether the employees had an opportunity to be consulted and to express their views. The Commission also assessed whether the agreement contained the requisite provisions, such as minimum rates of pay, penalty rates, and leave entitlements, in line with the applicable awards and national employment standards. After careful consideration, the Commission found that the agreement met the necessary legal requirements and was fair and reasonable in its terms. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the R.A. Jordan Pty Ltd Onsite Construction Northern Territory Enterprise Agreement 2022-2026, confirming that it met the legal requirements under the Fair Work Act 2009. This decision ensures that the agreement will provide a framework for the employment conditions of the workers covered by the agreement for the specified period.

RA Jordan Pty Ltd T/A Jordan Plumbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established