DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Electrical Technologies Ltd T/A Programmed Electrical Technologies
(AG2015/5202)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD NEW SOUTH WALES AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, ELECTRICAL DIVISION, NSW DIVISIONAL BRANCH (CEPU NSW) ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Programmed Electrical Technologies Ltd New South Wales and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch (CEPU NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Ltd New South Wales and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch (CEPU NSW) Enterprise Agreement 2015 (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 T/A Programmed Electrical Technologies. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Unionof 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Programmed Electrical Technologies Ltd, trading as Programmed Electrical Technologies, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch (CEPU NSW). The dispute centred around the application for approval of the Programmed Electrical Technologies Ltd New South Wales Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, an Australian labour tribunal responsible for resolving employment-related disputes.

The primary legal issue before the commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement complied with the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least some employees better off financially under the agreement compared to their existing terms and conditions. Additionally, the commission had to consider whether the agreement adhered to other legislative provisions, such as the provision of genuine employee representation and procedural fairness.

In reaching its decision, the commission carefully examined the evidence presented by both parties, including financial data, expert testimony, and submissions on the impact of the proposed agreement on employee conditions. The commission found that the agreement did indeed meet the BOOT, as it provided for a combination of salary increases and other benefits that resulted in some employees being better off financially. The commission also concluded that the agreement complied with all other statutory requirements, including those relating to procedural fairness and employee representation. Consequently, the commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Programmed Electrical Technologies Ltd New South Wales Enterprise Agreement 2015, finding that it met all statutory requirements, including the better off overall test and provisions for genuine employee representation and procedural fairness. The agreement was therefore accepted as binding for the relevant employees.

Programmed Electrical Technologies Ltd T/A Programmed Electrical Technologies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established