DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Electrical Technologies Limited
(AG2018/6869)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED NORTHERN TERRITORY ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 9 MAY 2019

Application for approval of the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Programmed Electrical Technologies Limited.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 8 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Electrical Technologies Limited was involved in a legal dispute regarding the approval of the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2018. The case was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the agreement contained the minimum required terms and conditions of employment, and whether it was free from prohibited content. Specifically, the Commission needed to assess if the agreement included all the minimum entitlements prescribed by the relevant awards, and if it contained any terms that contravened the Act’s protections or were otherwise unlawful.

In reaching its decision, the Fair Work Commission examined the contents of the agreement in detail. It determined that the agreement contained all the necessary minimum terms and conditions and did not include any prohibited content. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it was consistent with the statutory framework. Consequently, the Commission approved the agreement, finding it to be compliant with the requirements of the Act.

The Commission's final orders included the approval of the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered on the Register of Approved Agreements, and the parties were directed to comply with its terms and conditions as per the Act.

Programmed Electrical Technologies Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established