Programmed Electrical Technologies Ltd

[2023] FWCA 2270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Programmed Electrical Technologies Ltd

(AG2023/2185)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED NORTHERN TERRITORY ENTERPRISE AGREEMENT 2023

Electrical power industry
COMMISSIONER DURHAM	BRISBANE, 21 JULY 2023

Application for approval of the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Electrical Technologies Limited sought approval of the Programmed Electrical Technologies Limited Northern Territory Enterprise Agreement 2023. The matter was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The key legal issue was whether the agreement met the statutory requirements for minimum entitlements and whether it complied with the procedural requirements for approval. The Commission had to consider whether the agreement provided for the minimum entitlements set out in the National Employment Standards and whether it was made in accordance with the applicable regulations. Additionally, the Commission examined whether the agreement was genuinely negotiated and whether the proper procedures were followed in its approval.

The Fair Work Commission found that the agreement did not comply with certain minimum entitlements, particularly those relating to the calculation of penalty rates. The Commission also identified procedural deficiencies in the negotiation process. Consequently, the Commission did not approve the agreement. The Commission's decision emphasised the importance of ensuring that enterprise agreements provide for all minimum entitlements and are genuinely negotiated and procedurally sound.

The Fair Work Commission did not grant approval of the agreement and directed the parties to address the identified issues and resubmit the agreement for consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established