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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Electrical Technologies Limited, trading as Programmed Electrical Technologies, applied to the Fair Work Commission for a 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. The company sought to alter the enterprise agreement to include a new category of employees, those working in the renewable energy sector, and to revise the classification of existing employees. The union opposed the application, arguing that the proposed changes would undermine the protections and conditions of employment for existing employees and did not adequately address the needs of the new category of employees.

The commission considered whether the proposed changes met the requirements for a variation of the enterprise agreement under the Fair Work Act 2009. Key issues included whether the changes were necessary to facilitate micro-enterprise bargaining, whether they were in the best interests of the employees, and whether the changes would unfairly disadvantage existing employees. The commission also examined whether the changes were consistent with the principles of enterprise bargaining and good faith bargaining.

After considering the submissions and evidence from both parties, the commission found that the proposed changes were necessary to facilitate micro-enterprise bargaining and were in the best interests of the employees. The commission determined that the changes would not unfairly disadvantage existing employees and were consistent with the principles of enterprise bargaining and good faith bargaining. The commission approved the variation of the enterprise agreement, incorporating the new category of employees and revising the classification of existing employees as proposed by the company.

The final orders included the approval of the variation to the Programmed Electrical Technologies Ltd New South Wales and CEPU NSW Enterprise Agreement 2015, effective from the date of the decision. The new agreement incorporated the new category of employees and revised the classification of existing employees as per the company's proposal. The union's objections were overruled, and the application for variation was granted.

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