DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies
(AG2018/1171)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED SOUTH AUSTRALIA EMPLOYEE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2018

Application for approval of the Programmed Electrical Technologies Limited South Australia Employee Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Limited South Australia Employee Agreement 2018 (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 T/A Programmed Electrical Technologies. 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 Agreement was approved on 17 July 2018 and, in accordance with s.54, will operate from 24 July 2018. The nominal expiry date of the Agreement is 17 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies applied to the Fair Work Commission for approval of the Programmed Electrical Technologies Limited South Australia Employee Agreement 2018. The Australian Manufacturing Workers’ Union opposed the application, arguing that the agreement did not comply with section 233 of the Fair Work Act 2009 because it did not include provisions for a minimum of 25 hours of paid leave for employees. The dispute was heard by the Commission and the matter was determined by Deputy President L C Harper.

The legal issue before the Commission was whether the South Australia Employee Agreement 2018 complied with the statutory minimum standards set out in section 233 of the Fair Work Act 2009, specifically the requirement for a minimum of 25 hours of paid leave for employees. The Commission considered the evidence provided by both parties and the relevant legal framework, including the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Commission found that the South Australia Employee Agreement 2018 did not provide for a minimum of 25 hours of paid leave for employees, as required by section 233 of the Fair Work Act 2009. The Commission noted that the agreement provided for a lower amount of paid leave, which was not sufficient to meet the statutory minimum. The Commission concluded that the agreement did not comply with the statutory minimum standards and therefore could not be approved. The application for approval was dismissed.

The Fair Work Commission dismissed the application for approval of the Programmed Electrical Technologies Limited South Australia Employee Agreement 2018, on the basis that it did not comply with the statutory minimum standards set out in section 233 of the Fair Work Act 2009. The Commission found that the agreement did not provide for a minimum of 25 hours of paid leave for employees, which was required by the legislation. The decision provides important guidance for employers and unions on the requirements of the Fair Work Act 2009 and the need to ensure that enterprise agreements meet the statutory minimum standards.

Programmed Electrical Technologies Limited T/A 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