DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J.A. Martin Electrical Pty Ltd
(AG2018/6905)

J.A. MARTIN NEWCASTLE & HUNTER VALLEY TRADES ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 12 APRIL 2019

Application for approval of the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by J.A. Martin Electrical Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by J.A. Martin Electrical Pty Ltd for approval of the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2018. The applicant is an electrical contracting company, and the dispute pertains to the terms and conditions of employment for its employees. The application was heard in the Fair Work Commission, an Australian workplace relations tribunal. The application was contested by a number of unions, including the Electrical Trades Union of Australia, the Construction, Forestry, Maritime, Mining and Energy Union, and the United Voice union.

The primary legal issue before the Commission was whether the proposed enterprise agreement was fair and appropriate in all respects. This required the Commission to consider a range of factors, including the extent to which the agreement provided for terms and conditions of employment that were no worse off, or better off, than the applicable modern awards. The Commission also needed to determine whether the agreement provided for procedural fairness in the workplace, and whether it was consistent with the objects of the Fair Work Act 2009.

The Commission found that the proposed agreement met the criteria for approval. It considered that the agreement provided for terms and conditions that were at least no worse off than the applicable modern awards, and in some cases were better off. The Commission also found that the agreement provided for procedural fairness in the workplace, and was consistent with the objects of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith, and that it provided for a fair and efficient means of resolving workplace disputes.

The final orders of the Commission were that the proposed enterprise agreement be approved, subject to certain conditions. These conditions related to the implementation of the agreement and the resolution of any disputes that may arise in relation to its operation. The Commission also noted that the agreement would be subject to review in two years' time, to ensure that it continued to meet the criteria for approval.

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