DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RA Jordan Pty Ltd T/A RA Jordan
(AG2016/6354)

R.A. JORDAN PTY. LTD. ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2016 - 2020

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the R.A. JORDAN PTY. LTD. ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the R.A. JORDAN PTY. LTD. ONSITE CONSTRUCTION ENTERPRISE AGREEMENT 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RA Jordan Pty Ltd T/A RA Jordan. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, RA Jordan Pty Ltd, trading as RA Jordan, applied for approval of the R.A. Jordan Pty Ltd Onsite Construction Enterprise Agreement 2016-2020. The application arose from the Fair Work Act 2009, which mandates the approval of enterprise agreements before they can take effect. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the employees covered by the agreement.

The central legal issue before the Commission was whether the agreement met the requirements of section 230 of the Fair Work Act. This section outlines the criteria for the approval of enterprise agreements, including whether the agreement was made in good faith and whether it provides for fair and reasonable terms and conditions. The Commission had to determine whether the agreement met the statutory standards, particularly focusing on the provisions related to pay rates, hours of work, and other employment conditions.

The Commission assessed the agreement in light of the statutory criteria, considering the submissions from both parties. It examined whether the agreement was made without coercion or undue influence and whether it provided for fair and reasonable terms and conditions. The Commission noted that the agreement contained provisions that were generally consistent with the Fair Work Act and that the bargaining process appeared to be conducted in good faith. The Commission was satisfied that the agreement met the necessary standards for approval and thus granted the application.

Consequently, the Fair Work Commission approved the R.A. Jordan Pty Ltd Onsite Construction Enterprise Agreement 2016-2020, effective from 1 September 2016. The decision confirmed the agreement as meeting the legal requirements set out in the Fair Work Act, allowing it to be implemented by the parties involved.

RA Jordan Pty Ltd T/A RA Jordan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established