DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies
(AG2015/5910)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED NORTHERN TERRITORY ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 2 NOVEMBER 2015

Application for approval of the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2015 (“the Agreement”). The application has been made by Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Electrical Technologies Limited T/A Programmed Electrical Technologies, an electrical contracting company, was before the Fair Work Commission in an application for the approval of the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2015. The application was brought by the company seeking to have the agreement certified as a single-employer, single-enterprise agreement that was fairly made, in line with the provisions of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the legislation.

The primary legal issues that the Fair Work Commission had to address were whether the agreement was made in good faith, whether it was fairly made, and whether it complied with all the statutory requirements for certification. This included assessing the bargaining process, the content of the agreement, and whether the agreement was consistent with the Fair Work Act and the Fair Work Regulations 2009. The Commission also had to consider any objections raised by the parties involved and any other relevant factors.

The Fair Work Commission examined the evidence and submissions from both the company and the union representing the employees. It assessed whether the agreement was negotiated in good faith and whether the union had provided meaningful input into the bargaining process. The Commission also considered the fairness of the terms and conditions of the agreement and whether they were consistent with the national minimum standards set out in the Fair Work Act. After considering all the evidence and submissions, the Fair Work Commission found that the agreement was fairly made and met all the statutory requirements for certification. The Commission was satisfied that the agreement was negotiated in good faith, that the union had provided meaningful input, and that the terms and conditions were fair and consistent with the national minimum standards.

The Fair Work Commission approved the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2015, certifying it as a single-employer, single-enterprise agreement. The Commission's decision was based on the evidence and submissions presented, and its determination that the agreement met all the statutory requirements for approval under the Fair Work Act. The agreement was thus certified and became legally binding on the parties involved.

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