DECISION

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

Programmed Electrical Technologies
(AG2019/4746)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD AUSTRALIAN CAPITAL TERRITORY (“ACT”) AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, ELECTRICAL DIVISION, ACT DIVISIONAL BRANCH (“CEPU ACT”) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 17 MARCH 2020

Application for approval of the Programmed Electrical Technologies Ltd Australian Capital Territory ("ACT") and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, ACT Divisional Branch ("CEPU ACT") Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Programmed Electrical Technologies Ltd Australian Capital Territory (“ACT”) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, ACT Divisional Branch (“CEPU ACT”) Enterprise Agreement 2019 (‘the Agreement’). The application was made by Programmed Electrical Technologies (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 17 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Programmed Electrical Technologies Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, ACT Divisional Branch sought approval for the Programmed Electrical Technologies Ltd Australian Capital Territory Enterprise Agreement 2019. The matter was brought before the Fair Work Commission. The central legal issues revolved around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness and the necessity to provide employees with adequate information about the agreement. The Commission needed to determine if the bargaining process was fair and if the agreement adequately protected employees' rights.

The Fair Work Commission examined the bargaining process and the contents of the proposed agreement. It found that the process was generally fair, with the union and employer engaging in good faith negotiations. The Commission considered the information provided to employees and concluded that it was sufficient to enable them to understand the implications of the agreement. The Commission also assessed whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for a fair and reasonable terms and conditions of employment. After thorough deliberation, the Commission found that the agreement met all necessary legal standards and was in the best interests of the employees.

As a result, the Fair Work Commission approved the Programmed Electrical Technologies Ltd Australian Capital Territory Enterprise Agreement 2019. This decision means that the agreement will now legally bind the employer and employees, setting out the terms and conditions of their employment. The Commission's approval ensures that the agreement is fair and reasonable, protecting the interests of both the employer and the employees. This outcome provides clarity and legal certainty for all parties involved in the agreement.

Programmed Electrical Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established