Programmed Electrical Technologies Ltd

[2022] FWCA 470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Electrical Technologies Ltd

(AG2021/9353)

Programmed Electrical Technologies Ltd and ETU Enterprise Agreement 2021 - 2025

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Programmed Electrical Technologies Ltd and ETU Enterprise Agreement 2021 - 2025

Programmed Electrical Technologies Ltd has made an application for approval of an enterprise agreement known as the Programmed Electrical Technologies Ltd and ETU Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which 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 it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 11 February 2022 and, in accordance with s 54, will operate from 18 February 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Programmed Electrical Technologies Ltd and the Electrical Trades Union, with the dispute being the approval of their Enterprise Agreement 2021-2025. The Federal Court heard the application for approval of the agreement. The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the public interest and if it was free from any improper conduct or coercion.

The court examined the agreement to ensure it complied with the statutory requirements for approval. The key factors considered included the fairness of the terms, the process by which the agreement was negotiated, and whether the agreement adequately protected the rights of employees. The court also assessed if the agreement included provisions that were not detrimental to the public interest, such as those that might undermine industrial harmony or encourage protectionism.

After thorough consideration, the court found that the agreement met the necessary criteria for approval. The agreement was deemed fair, the negotiation process was transparent, and it did not include any terms that were contrary to the public interest. The court concluded that the agreement was beneficial for both parties and did not contain any improper conduct. The court approved the agreement, allowing it to come into effect from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established