DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Electrical Technologies Limited
(AG2015/6271)

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 2015

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 DECEMBER 2015

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 2015.

[1] An application has been made for 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 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Electrical Technologies Limited. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 December 2015 and, in accordance with s.54, will operate from 11 December 2015. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Electrical Technologies Limited, the respondent, applied for the approval of its Enterprise Agreement 2015 with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, ACT Divisional Branch (“CEPU ACT”). The application was made in the Fair Work Commission, which is tasked with the responsibility of approving enterprise agreements in Australia. The primary dispute revolved around whether the agreement met the statutory requirements for approval, particularly concerning the appropriate representation of employees and the proper negotiation process.

The legal issues before the Commission involved verifying the representation of the employees by CEPU ACT and ensuring that the agreement was genuinely negotiated. It was necessary to confirm that the agreement was not only fair and reasonable but also that it was negotiated in good faith and covered all the necessary terms. The Commission had to determine if there were any procedural irregularities in the negotiation and agreement process, and whether the agreement reflected the terms of employment fairly.

In delivering the decision, the Commission emphasised the importance of genuine negotiation and fair representation in the context of enterprise agreements. The Commission found that the agreement was genuinely negotiated and represented the interests of the employees fairly. The Commission was satisfied that the agreement was reasonable and met all the statutory requirements for approval. Consequently, the Fair Work Commission approved the Programmed Electrical Technologies Ltd Enterprise Agreement 2015.

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