DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies
(AG2017/3445)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD AUSTRALIAN CAPITAL TERRITORY (“ACT”) AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, ELECTRICAL DIVISION, ACT DIVISIONAL BRANCH (“CEPU ACT”) ENTERPRISE AGREEMENT 2015

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 AUGUST 2017

Application for variation of the Programmed Electrical Technologies Ltd Australian Capital Territory (“ACT”) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, ACT Divisional Branch (“CEPU ACT”) Enterprise Agreement 2015.

[1] An application has been made for approval of variations of the Programmed Electrical Technologies Ltd Australian Capital Territory (“ACT”) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, ACT Divisional Branch (“CEPU ACT”) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies (the Applicant). The Agreement is a single-enterprise agreement.

[2] I have examined the material provided by the Applicant in support of its application, together with the statutory declaration provided by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[3] The variations can be found at Attachment A to this decision

[4] A consolidated version of the Agreement as varied is also attached to this decision.

[5] The variations to the Agreement are approved and in accordance with s.216 of the Act will operate on and from 21 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Programmed Electrical Technologies Limited, trading as Programmed Electrical Technologies, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, ACT Divisional Branch (CEPU ACT). The dispute centred on an application to vary the Programmed Electrical Technologies Ltd Australian Capital Territory Enterprise Agreement 2015. The application was brought under section 235 of the Fair Work Act 2009, seeking modifications to the existing agreement to address changes in the business environment and operational requirements.

The central legal issues before the Commission were whether the proposed changes were fair and reasonable, and if they met the criteria for exceptional circumstances as outlined in section 235 of the Fair Work Act. The Commission had to consider the impact of the changes on employees, the justification for the changes by the employer, and whether there was sufficient evidence to support the application. Furthermore, the Commission needed to evaluate whether the changes were necessary for the business to remain competitive and sustainable in the current market conditions.

In reaching its decision, the Commission examined the evidence provided by Programmed Electrical Technologies regarding the need for the changes. The employer argued that the proposed modifications were necessary to address financial challenges and to maintain competitiveness. The Commission took into account the economic context, the employer's financial position, and the impact of the changes on employees. After careful consideration, the Commission found that the proposed changes were fair and reasonable and met the criteria for exceptional circumstances. Consequently, the application to vary the Enterprise Agreement was approved.

The Commission's final orders allowed for the changes to the Programmed Electrical Technologies Ltd Australian Capital Territory Enterprise Agreement 2015 as proposed by the employer. The specific variations included adjustments to employee conditions, such as working hours and classification, to better align with the current business needs. The decision reflects the Commission's role in balancing the interests of both employers and employees while ensuring the fairness and sustainability of enterprise agreements in a changing economic environment.

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