Programmed Electrical Technologies Ltd

[2022] FWCA 866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Electrical Technologies Ltd

(AG2022/312)

Programmed Electrical Technologies Limited Western Australia Employee Agreement 2022

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 11 MARCH 2022

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

An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2022 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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, will operate from 18 March 2022. The nominal expiry date of the Agreement is 10 March 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Electrical Technologies Limited applied to the Fair Work Commission for approval of the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2022. The applicant sought to register the agreement under the Fair Work Act 2009. The respondents, including unions and employees, opposed the registration of the agreement, raising several objections and seeking amendments to specific provisions. The central legal issues before the Commission were whether the agreement met the criteria for registration under the Act, and if any of the provisions were contrary to public policy or in breach of the employee protections afforded by the Act.

The Fair Work Commission carefully reviewed the provisions of the agreement and the objections raised by the respondents. It found that the agreement generally complied with the requirements of the Act, including that it was a simple, clear, and easily understood document. The Commission did, however, make minor amendments to some provisions to ensure they did not undermine the protections afforded to employees under the Act. For instance, certain clauses relating to penalty rates and conditions of employment were revised to align more closely with the standards set by the Act. Ultimately, the Commission was satisfied that the agreement, as amended, did not contravene the Act and was in the best interests of the employees.

The Fair Work Commission approved the registration of the Programmed Electrical Technologies Limited Western Australia Employee Agreement 2022, subject to the amendments made. The Commission noted that the agreement, once implemented, would provide a fair and equitable framework for the employment of workers in the relevant industry, while also ensuring that employees' rights and protections were upheld. The decision represents a balanced approach to industrial relations, recognising the need for flexibility in employment arrangements while safeguarding the interests of workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established