Programmed Electrical Technologies Ltd T/A Programmed Property Services Limited Summary

[2024] FWCA 2919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Electrical Technologies Ltd T/A Programmed Property Services Limited

(AG2024/2524)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD AUSTRALIAN CAPITAL TERRITORY (“ACT”) AND COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, ELECTRICAL DIVISION, NSW/ACT DIVISIONAL BRANCH (“CEPU”) ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 AUGUST 2024

Application for approval of the Programmed Electrical Technologies Ltd Australian Capital Territory (“ACT”) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW/ACT Divisional Branch (“CEPU”) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Ltd Australian Capital Territory (“ACT”) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW/ACT Divisional Branch (“CEPU”) Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 August 2024. The nominal expiry date of the Agreement is 14 August 2027.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union (CEPU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Electrical Technologies Limited, trading as Programmed Property Services Limited, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW/ACT Divisional Branch, were before the Fair Work Commission in an application for the approval of their enterprise agreement. The matter revolved around the negotiation of terms and conditions of employment for employees under the proposed agreement. The central legal issues addressed by the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment as required by the Act.

The Fair Work Commission considered the statutory obligations and the principles of good faith bargaining, fairness, and the best interests of the employees. The Commission examined the provisions of the agreement, the bargaining process, and the submissions from both parties. The Commission found that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment. It also noted that the agreement reflected a genuine attempt to reach an agreement through good faith bargaining and provided for a fair outcome for employees.

Accordingly, the Fair Work Commission approved the Programmed Electrical Technologies Limited Australian Capital Territory Enterprise Agreement 2024. This decision was based on the evidence presented, the application of the relevant statutory provisions, and the principles of good faith bargaining and fairness. The Commission's decision ensures that the agreement is legally binding and provides a framework for the terms and conditions of employment for the employees covered by the agreement.

Programmed Electrical Technologies Ltd T/A Programmed Property Services Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established