J.A. Martin Electrical Pty Ltd

[2013] FWCA 3813

FAIR WORK COMMISSION

DECISION

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

J.A. Martin Electrical Pty Ltd
(AG2013/6823)

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

Electrical contracting industry

COMMISSIONER BULL

SYDNEY, 14 JUNE 2013

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 Attachment A.

[2] The Agreement was approved on 7 March 2013, with a nominal expiry date of 15 January 2016.

[3] I note that variation was made on 31 May 2013. 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 14 June 2013.

COMMISSIONER

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by J.A. Martin Electrical Pty Ltd seeking a variation of the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2012. The applicant sought to amend the agreement to reduce the working hours for apprentices, which was opposed by the respondents. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed variation was consistent with the Fair Work Act 2009, and if it was in the best interests of the parties involved. The respondents argued that the proposed variation would negatively impact the apprenticeship model and the training of apprentices. The Commission needed to balance the interests of the employer in reducing working hours with the need to maintain effective training for apprentices.

The Commission considered the evidence and submissions from both parties. It noted that the proposed variation was not an attempt to reduce wages or benefits but rather to adjust the working hours to better accommodate the needs of apprentices. The Commission concluded that the variation was in the best interests of the parties involved and did not undermine the training and development of apprentices. The application for variation was therefore approved.

The Commission issued an order approving the variation to the enterprise agreement, effective from the date specified in the application. The order outlined the specific changes to the working hours for apprentices and provided for a transition period to allow for the implementation of the new arrangements. The decision was made in accordance with the Fair Work Act 2009 and aimed to balance the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established