Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies

[2018] FWCA 1896

[2018] FWCA 1896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies
(AG2017/6647)

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
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 APRIL 2018

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 for approval of a variation to 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 T/A Programmed Electrical Technologies pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] On 12 October 2015, the Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement. On 13 October 2015 the Agreement was approved and those undertakings form part of the Agreement as varied.

[6] On 23 August 2017, the Applicant provided written undertakings to meet such requirements of ss.210, 211 and 212 as were relevant to the application for approval of a variation to an enterprise agreement. On 25 August 2017 the variation to the Agreement was approved and those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[9] In accordance with s.216 of the Act, the variation operates from 3 April 2018.

DEPUTY PRESIDENT

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