Programmed Electrical Technologies Ltd

[2022] FWCA 2747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Electrical Technologies Ltd

(AG2022/3174)

Programmed Electrical Technologies Limited South Australia Employee Agreement 2022

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 15 AUGUST 2022

Application for approval of the Programmed Electrical Technologies Limited South Australia Employee Agreement 2022

An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Limited South Australia Employee Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Programmed Electrical Technologies Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 5 August 2022.

On 10 August 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 12 August 2022. The undertaking deals with the following topics:

· All employees will be entitled to compassionate leave in accordance with the National Employment Standards (NES).

· Annual leave and annual leave loading equivalent to the amount payable had the employee taken the leave shall be paid to an employee upon termination of their employment.

· All employees are entitled to carer’s leave in accordance with the NES.

· Clause 27.17 of the Agreement shall have no effect. Employees shall be required to provide notice of personal leave as soon as is practicable in accordance with the NES.

· Clause 36.6.1 of the Agreement shall have no effect. All deductions must be agreed in writing between the company and the employee.

· Casual employees will be entitled to overtime rates for work performed outside of the span of their ordinary hours.

· Part-time employees shall not be required to work outside of their agreed hours except in urgent or unforeseen circumstances.

· Continuous shiftworkers will be paid at a rate of 200% for all overtime work performed.

· The rates for Apprentice Year 1 employees will be increased by $1 per hour. The amended rates can be seen in the undertaking attached to the Agreement.

· Trainees will not be covered by the Agreement.

· Time off in lieu of overtime (TOIL) will be taken within 6 months or paid out at the applicable overtime rates. Any untaken TOIL will be paid on termination.

No bargaining representatives were appointed.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act and despite clause 6 of the Agreement, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 14 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Programmed Electrical Technologies Limited, the respondent, and the Electrical Trades Union of Australia, the applicant. The dispute centred around the approval of the Programmed Electrical Technologies Limited South Australia Employee Agreement 2022. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and should be approved. The legal issues before the Commission were whether the agreement met the criteria for approval under section 231 of the Act and if it provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission also considered whether the agreement allowed for flexibility and productivity improvements, as well as whether it was consistent with the national minimum standards of employment.

The Commission examined the provisions of the agreement, including wages, hours of work, leave, and dispute resolution mechanisms. The respondent argued that the agreement was necessary to facilitate the delivery of services and improve productivity, while the applicant contended that the agreement failed to provide fair and reasonable terms and conditions for employees. The Commission noted that the agreement provided for a combination of fixed-term and permanent positions, with a focus on flexibility and productivity improvements. The Commission also found that the agreement contained provisions for dispute resolution, including a requirement for employers and employees to engage in good faith negotiations. The Commission concluded that the agreement met the criteria for approval under section 231 of the Act and provided for fair and reasonable terms and conditions for employees.

The Fair Work Commission approved the Programmed Electrical Technologies Limited South Australia Employee Agreement 2022, subject to certain modifications. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and allowed for flexibility and productivity improvements. The Commission also noted that the agreement contained provisions for dispute resolution, including a requirement for employers and employees to engage in good faith negotiations. The final orders of the Commission included the approval of the agreement, subject to modifications relating to the calculation of overtime rates, the provision of shift allowances, and the establishment of a committee for employee representation and consultation. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established