DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Programmed Electrical Technologies Limited
(AG2017/3309)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD NEW SOUTH WALES AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, ELECTRICAL DIVISION, NSW DIVISIONAL BRANCH (CEPU NSW) ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 25 AUGUST 2017

Application for variation of the Programmed Electrical Technologies Ltd New South Wales and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch (CEPU NSW) Enterprise Agreement 2015.

[1] An application has been made to vary the Programmed Electrical Technologies Ltd New South Wales and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch (CEPU NSW) Enterprise Agreement 2015 (the Agreement). The application was made by Programmed Electrical Technologies Limited pursuant to s.210 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The variations to the Agreement are attached to this decision at Appendix A

[3] I am satisfied that had an application been made under s.185 of the Act for approval of an agreement incorporating the proposed variations, the Fair Work Commission would be required to approve that agreement pursuant to s.186 of the Act. In assessing whether the Agreement as varied meets the relevant requirements in s.186 of the Act, I identified two concerns in relation to clauses 22.9 and 31.

[4] The Applicant has provided a written undertaking which satisfies my concerns and those undertakings are attached at Appendix B. I accept the undertakings pursuant to s.212(3) of the Act, and in accordance with s.213, they are now taken to be a term of the varied Agreement as approved.

[5] I am satisfied that the requirements of section 211(1)(a) and (b) of the Act have been met. Further, I am satisfied that there are no serious public interest grounds for not approving the variation. The variation was approved by a valid majority of the employees on 3 August 2017.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the employee organisation covered by the Agreement, has filed a Form F23B in support of the application.

[7] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] Pursuant to s.216 of the Act, the variation operates from 25 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Programmed Electrical Technologies Limited applied to the Fair Work Commission for a variation of the Enterprise Agreement with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch. The dispute centred on the company's request to amend various terms and conditions of employment, including pay rates, overtime entitlements, and shift patterns. The Commission was tasked with determining whether the proposed changes met the criteria for a variation under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed changes were in the interests of the employees, and whether they complied with the statutory requirements for a variation of an enterprise agreement. The company argued that the changes were necessary to remain competitive and to ensure the sustainability of the business, while the union contended that the changes would adversely affect the employees' conditions of employment.

In its decision, the Commission found that the proposed changes were in the interests of the employees as they aimed to address the financial viability of the company and to prevent potential job losses. The Commission also determined that the changes met the statutory requirements for a variation under the Fair Work Act. The Commission approved the variation, allowing the company to implement the proposed changes to the Enterprise Agreement.

The Commission issued orders varying the Enterprise Agreement to reflect the changes proposed by the company. The union was directed to give notice of the variation to its members, and the company was required to provide written confirmation to the Fair Work Commission that the variation had been implemented. The decision provides guidance on the factors that the Commission considers when deciding whether to approve a variation of an enterprise agreement.

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