J.A. Martin Electrical Pty Limited

[2021] FWCA 5950

[2021] FWCA 5950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J.A. Martin Electrical Pty Limited
(AG2021/7330)

J.A. MARTIN NEWCASTLE & HUNTER VALLEY TRADES ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 22 SEPTEMBER 2021

Application for approval of the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2021 (Agreement). The application was made by J.A. Martin Electrical Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] It is declared in the Form F17 that the notification time for the Agreement was 3 March 2021. It is also declared in the Form F17 that the NERR was provided on 3 March 2021. An example of an email provided to an employee attaching the NERR was filed with the application. The Commission sought further information regarding the distribution of the NERR and confirmation that this occurred in relation to all employees who will be covered by the Agreement and who were employed at the notification time of the agreement.

[3] Based on the material before the Commission, I am satisfied that the requirements of ss. 173(1) and 173(3) of the Act have been met.

[4] It was declared in the Form F17 that an email was sent to all employees on 17 August 2021. A copy of that email was provided. An attachment to the email notifies employees of time which the vote will occur and the voting method that will be used. The email explained that the vote would be conducted online. The Commission requested clarification about the explanation provided to employees regarding how a vote was to be cast online. The Applicant provided further information, including the instructions provided to employees from an online voting provider that administered the voting process.

[5] Based on the material before the Commission, I am satisfied that the requirements of s.180(3) of the Act have been met.

[6] I observe that clause 20(c)(i) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 10(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Conclusion

[7] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[8] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. Pursuant to clause 6 of the Agreement, the nominal expiry date of the Agreement is three years from the date of approval.

COMMISSIONER

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