Programmed Electrical Technologies Ltd

[2024] FWCA 1400

[2024] FWCA 1400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Electrical Technologies Ltd

(AG2024/1066)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD NEW SOUTH WALES ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER ALLISON	MELBOURNE, 30 APRIL 2024

Application for approval of the Programmed Electrical Technologies Ltd New South Wales Enterprise Agreement

1. An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Ltd New South Wales Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Electrical Technologies Ltd. The Agreement is a single enterprise agreement.

1. On 15 April 2024, my Chambers sent correspondence to the parties outlining a number of potential issues with the Agreement. In that correspondence, I observed that the Agreement does not provide a minimum engagement period for casual employees, while the Award provides a minimum engagement period of 2 hours. I sought and received an undertaking to resolve this issue.

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. Clause 34 of the Agreement, relating to consultation, does not require the employer to consider the views of employees in relation to a proposed change to the regular roster or ordinary hours of work. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 11.5, relating to the eligibility requirements for casual conversion, may be inconsistent with s.66B(1)(b) of the Act.

• Clause 17, relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with s.104 of the Act.

• Clause 20, relating to parental leave, is silent as to the right of an employee to request further 12 months of unpaid parental leave and may be inconsistent with s.76 of the Act.

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 7 May 2027.

COMMISSIONER

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Annexure A