DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6049)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Programmed Electrical Technologies Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Ltd and ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] Subject to 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. 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.

[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 was approved on 19 December 2017 and, in accordance with s.54, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Programmed Electrical Technologies Ltd and ETU Enterprise Agreement 2017-2021. The dispute centred on whether the agreement contained appropriate provisions for employee participation, as required by the Fair Work Act 2009. The union argued that the agreement was in line with the legislative requirements, while the employer contested that certain provisions were not compliant.

The primary legal issue the Commission had to resolve was whether the enterprise agreement sufficiently provided for employee participation in decision-making processes. This involved interpreting the relevant sections of the Fair Work Act and examining whether the agreement met the statutory criteria for employee participation, such as the establishment of a committee or other mechanisms for consultation and information sharing. Additionally, the Commission needed to determine if any aspects of the agreement contravened the provisions for unfair dismissal or redundancy, as these could impact the overall compliance of the agreement.

After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement did provide for adequate employee participation. The agreement established a joint consultative committee and included provisions for information sharing and consultation, which aligned with the requirements of the Fair Work Act. Furthermore, the Commission determined that the agreement did not contain any provisions that would lead to unfair dismissal or redundancy. Consequently, the Commission approved the Programmed Electrical Technologies Ltd and ETU Enterprise Agreement 2017-2021, recognising its compliance with the necessary legal standards.

The final orders included the approval of the enterprise agreement, with the understanding that it would remain in effect until the specified end date, subject to the parties' rights to apply for variations or termination under the Fair Work Act. The approval ensures that the agreement's provisions for employee participation and other employment terms will be legally binding on the parties involved.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established