J A Martin Electrical Pty Ltd

[2013] FWCA 1426

[2013] FWCA 1426

FAIR WORK COMMISSION

DECISION

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

J A Martin Electrical Pty Ltd
(AG2013/4642)

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

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 7 MARCH 2013

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

[1] An application has been made for approval of an enterprise agreement known as the J.A. Martin Newcastle & Hunter Valley Trades Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] A conference before the Commission was held, following which the Applicant provided a number of undertakings.

[3] An undertaking with respect to clause 21 - Annual leave, and in particular subclause 21.10, cashing out of annual leave, has been provided by the Applicant.

[4] The relevant modern award for the purposes of the better off overall test is the Electrical, Electronic and Communications Contracting Award 2010 (the Award). The Award provides that the ordinary hours of work for day workers is Monday to Friday within a 6:00am to 6:00pm spread, provided that the span of hours may be altered by agreement. For continuous and non-continuous shift workers the Award at clause 24.10 and clause 24.11 does not limit the span of ordinary hours. The Agreement for approval makes no reference to a span of ordinary hours.

[5] The Applicant and its representative have advised the Commission that for the purposes of this Agreement all employees are non-continuous shift workers. An undertaking with respect to clause 5 - Scope and application of agreement, and in particular, the employee coverage, has been provided by the Applicant.

[6] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[7] The Agreement covers the employer’s electrical staff within the definitions at Schedule C of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[8] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 14 March 2013. The nominal expiry date of the Agreement is 15 January 2016.

COMMISSIONER

Annexure A

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