DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

J.A. Martin Electrical Pty Ltd
(AG2019/4185)

J.A. MARTIN NSW CLERICAL & STORE WORKERS ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 5 DECEMBER 2019

Application for approval of the J.A. Martin Electrical NSW Clerical & Store Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the J.A. Martin NSW Clerical & Store Workers Enterprise Agreement 2019 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by J.A. Martin Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as “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. The undertakings are taken to be terms of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure ‘A’

CaseChat Overview and Summary

The case involved an application by J.A. Martin Electrical Pty Ltd for the approval of the J.A. Martin Electrical NSW Clerical & Store Workers Enterprise Agreement 2019. The application was lodged with the Fair Work Commission, and the primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose from the need to ensure that the enterprise agreement complied with relevant industrial laws, particularly concerning the terms and conditions of employment for clerical and store workers within the company.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it was free from any discriminatory provisions, and whether it adhered to the procedural requirements for such agreements. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it facilitated genuine bargaining. The Commission's decision hinged on a detailed examination of the contents of the agreement, the negotiation process, and the implications for the employees.

In reaching its decision, the Fair Work Commission analysed the agreement's provisions against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement was largely compliant with the legal requirements. It provided for fair and reasonable terms and conditions, did not contain any discriminatory provisions, and adhered to the procedural requirements for enterprise agreements. Furthermore, the Commission determined that the agreement was in the best interests of the employees, as it facilitated genuine bargaining and provided for adequate protections and benefits. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the necessary legislative standards.

No further orders were required, as the approval of the agreement was the primary outcome sought by the applicant. The Commission's decision provided clarity on the terms and conditions for clerical and store workers within J.A. Martin Electrical, ensuring that the agreement was legally binding and beneficial for all parties involved.

J.A. Martin Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established