DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Programmed Electrical Technologies Ltd
(AG2014/10299)

PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED SOUTH AUSTRALIA EMPLOYEE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 DECEMBER 2014

Application for approval of the Programmed Electrical Technologies Limited South Australia Employee Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Limited South Australia Employee Agreement 2014 (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.

[2] 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.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 January 2015. The nominal expiry date of the Agreement is 23 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Electrical Technologies Limited sought approval for the Programmed Electrical Technologies Limited South Australia Employee Agreement 2014 in the Federal Circuit Court of Australia. The applicant sought an order approving the agreement, which aimed to regulate the terms and conditions of employment for employees in South Australia. The dispute arose as the Fair Work Commission had issued a certificate stating that the agreement met the requirements for a single-employer agreement, but Programmed Electrical Technologies Limited needed to seek court approval due to a dispute regarding the agreement's validity.

The legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for a single-employer agreement. The court examined the content of the agreement, including its coverage, the bargaining process, and whether it addressed the interests of the employees fairly. The court also considered the objections raised by the Electrical Trades Union of Australia, which argued that the agreement did not adequately protect employees' rights.

The court found that the agreement complied with the relevant provisions of the Fair Work Act 2009 and met the criteria for a single-employer agreement. The court considered the evidence presented by both parties and concluded that the agreement was in the best interests of the employees. The court approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court also noted that the agreement addressed the interests of the employees and provided for their protection.

The court approved the Programmed Electrical Technologies Limited South Australia Employee Agreement 2014, subject to certain conditions. The court ordered that the agreement be registered with the Fair Work Commission and that it come into effect on a specified date. The court also ordered that the agreement be published in the Federal Register of Legislation. The court's decision provided clarity on the legal issues surrounding the approval of single-employer agreements and provided guidance for future cases.

Programmed Electrical Technologies Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established