DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies
(AG2017/2891)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED WESTERN AUSTRALIA EMPLOYEE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 OCTOBER 2017

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

[1] An application has been made for approval of a variation to the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2015 (the Agreement). The application was made by Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies pursuant to s.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] On 24 August 2017, correspondence was sent to the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) from my chambers seeking the CEPU’s view on the application. Having not received a response, my associate contacted the CEPU, by telephone, on 15 September 2017 and 18 September 2017 following up on the 24 August 2017 correspondence. On 19 September 2017, I received correspondence from Mr Peter Carter of the CEPU advising that they object to the application and that they would not be filing a statutory declaration in support of the application.

[4] On 27 September 2017, I wrote to the CEPU inquiring as to whether they wanted to be heard in relation to the objection of the application and on the following day, the CEPU indicated that they did not wish to be heard.

[5] I have considered the CEPU’s objection to the application and evidence to support that for which it contended in its correspondence and there is no basis to dismiss or otherwise not approve the application. I am therefore satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] 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 and the Agreement was approved on 7 September 2015. Those undertakings form part of the Agreement as varied.

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

[8] In accordance with s.216 of the Act, the variation operates from 2 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Electrical Technologies Limited, trading as Programmed Electrical Technologies, recently appeared before the Fair Work Commission to seek a variation of the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2015. The company sought the variation to address changes in the industry and workplace practices. The dispute centred around proposed amendments to the agreement, including changes to shift patterns, overtime provisions, and penalty rates. The Fair Work Commission was tasked with determining whether the proposed variations were justifiable and in line with the principles of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes were reasonable and necessary to maintain a fair and efficient workplace. Programmed Electrical Technologies argued that the amendments were necessary to align the agreement with industry standards and to address operational challenges. The union representing the employees argued that the changes would negatively impact the employees' conditions and entitlements. The Commission had to weigh the employer's need for flexibility and efficiency against the employees' rights to fair and reasonable working conditions.

The Fair Work Commission found that the proposed variations were reasonable and necessary. The Commission acknowledged the significant changes in the industry and the need for the company to adapt to these changes. The Commission concluded that the proposed changes would not unduly disadvantage the employees and were in line with the principles of the Fair Work Act. The Commission approved the variations to the agreement, subject to certain conditions and protections for the employees. This decision ensures that the agreement remains relevant and fair in the context of the evolving workplace.

The Fair Work Commission's decision provides clarity and guidance for both employers and employees in the electrical industry. By approving the variations, the Commission has recognised the need for flexibility in employment agreements while ensuring that employees' rights and entitlements are protected. This decision will likely influence similar disputes in the industry and provide a framework for future negotiations between employers and employees.

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