DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

J.A. Martin Electrical Pty Ltd
(AG2014/10883)

J.A. MARTIN NEWCASTLE & HUNTER VALLEY TRADES ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 4 MARCH 2015

Application for variation of the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by J.A. Martin Electrical Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Appendix A.

[2] The Agreement was approved on 11 December 2013, with a nominal expiry date of 15 January 2016.

[3] The variation was made on 15 December 2014. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 4 March 2015.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by J.A. Martin Electrical Pty Ltd to vary the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2012. The application was brought under section 235 of the Fair Work Act 2009, seeking changes to the agreement to accommodate operational requirements. The dispute primarily centred around changes to shift patterns and the introduction of a penalty rate for weekend work.

The central legal issues revolved around whether the proposed changes constituted a "genuine" application under the Fair Work Act and whether they were consistent with the principles of good faith bargaining. The applicant argued that the changes were necessary due to significant operational challenges, while the respondent contended that the proposed changes were unreasonable and not in line with the spirit of the existing agreement.

In its decision, the Fair Work Commission examined the principles of good faith bargaining and the notion of genuine application. The Commission found that the applicant had made a genuine application as the proposed changes were necessary to address operational issues. It was concluded that the changes were reasonable and did not undermine the existing agreement's principles. The Commission also considered the impact of the changes on the employees and found that the applicant had adequately consulted with the employees' representatives.

The Fair Work Commission approved the application for variation of the enterprise agreement, allowing the proposed changes to the shift patterns and the introduction of the penalty rate for weekend work. The decision highlighted the importance of balancing operational needs with the principles of good faith bargaining and the need for genuine applications to be considered on a case-by-case basis.

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