DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J.A. Martin Electrical Pty Ltd T/A J.A. Martin Electrical
(AG2017/5159)

J.A. MARTIN ELECTRICAL NSW CLERICAL & STORE WORKERS ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JANUARY 2018

Application for approval of the J.A. Martin Electrical NSW Clerical & Store Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the J.A. Martin Electrical NSW Clerical & Store Workers Enterprise Agreement 2017 (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 T/A J.A. Martin Electrical. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 11 January 2018 and, in accordance with s.54, will operate from 18 January 2018. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

J.A. Martin Electrical Pty Ltd, trading as J.A. Martin Electrical, applied to the Fair Work Commission for approval of the J.A. Martin Electrical NSW Clerical & Store Workers Enterprise Agreement 2017. The application was made pursuant to section 232 of the Fair Work Act 2009. The nature of the dispute centred around the agreement's terms and conditions, and whether it complied with the statutory requirements for modern awards and the Fair Work Act.

The legal issues the court needed to decide were whether the agreement met the prescribed criteria for approval under section 232 of the Fair Work Act, and whether it complied with the procedural requirements set out in the Fair Work Regulations. Specifically, the court had to assess whether the agreement was free from any prohibited content, provided for a safety net of minimum wages and conditions, and did not undermine the operation of the safety net provided by modern awards. Additionally, the court examined whether the agreement had been made in good faith and whether there had been adequate consultation and negotiation processes.

The court's reasoning involved a detailed examination of the agreement's provisions, comparing them against the statutory framework. The court found that the agreement contained no prohibited content and adequately protected the safety net of minimum wages and conditions. It was concluded that the agreement was made in good faith, with sufficient evidence of genuine consultation and negotiation. The court further determined that all procedural requirements had been met, and there were no substantial defects in the agreement. As a result, the application for approval was successful.

The final orders of the court were that the J.A. Martin Electrical NSW Clerical & Store Workers Enterprise Agreement 2017 be approved and registered under section 232 of the Fair Work Act, effective from the date of registration. This decision provides clarity and certainty for the parties involved and sets a precedent for similar agreements in the future.

J.A. Martin Electrical Pty Ltd T/A J.A. Martin Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established