DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Electrical Technologies Limited
(AG2015/4469)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED WESTERN AUSTRALIA EMPLOYEE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Limited Western Australia Employee 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] 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[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 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 7 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Programmed Electrical Technologies Limited was the subject of an application before the Fair Work Commission for the approval of the Programmed Electrical Electrical Technologies Limited Western Australia Employee Agreement 2015. The application was made by Programmed Electrical Technologies Limited and the Australian Council of Trade Unions. The nature of the dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009 for it to be approved by the Commission.

The legal issues that the Commission was required to decide included whether the proposed agreement provided for fair and reasonable terms and conditions for employees, and whether it met the ‘better off overall’ test. The Commission also needed to consider whether the agreement included adequate protections for employees and whether it complied with the requirements of the Fair Work Act 2009.

In its decision, the Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees, and that it met the ‘better off overall’ test. The Commission also found that the agreement included adequate protections for employees and that it complied with the requirements of the Fair Work Act 2009. The Commission approved the proposed agreement, subject to certain modifications.

The final orders of the Commission were that the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2015 be approved, subject to certain modifications. The modifications included changes to the agreement’s provisions relating to redundancy payments and the calculation of penalty rates. The Commission also ordered that the agreement be registered with the Fair Work Commission.

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