| [2025] FWCA 1925 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Programmed Electrical Technologies Ptd Trading AS Programmed Electrical Technologies Limited
(AG2025/1612)
PROGRAMMED ELECTRICAL TECHNOLOGIES LIMITED WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2025
| Electrical contracting industry | |
| COMMISSIONER SCHNEIDER | PERTH, 10 JUNE 2025 |
Application for approval of the Programmed Electrical Technologies Limited Western Australia Enterprise Agreement 2025
Programmed Electrical Technologies Ptd (the Applicant) has made an application for the approval of an enterprise agreement known as the Programmed Electrical Technologies Limited Western Australia Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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 have been met.
Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 June 2025. The nominal expiry date of the Agreement is 10 June 2028.
COMMISSIONER
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- AGLC
- Programmed Electrical Technologies Ptd Trading AS Programmed Electrical Technologies Limited [2025] FWCA 1925
- Case
- [2025] FWCA 1925
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court needed to address was whether the agreement complied with the statutory requirements for a modern award to be made. This included assessing whether the agreement contained all the necessary terms and conditions, and whether it met the criteria for being a simple, fair, and portable agreement. The court also had to consider whether the agreement had been appropriately negotiated and whether it provided for a fair and efficient workplace.
The court examined the provisions of the proposed agreement and found that it contained all the necessary terms and conditions. It was also determined that the agreement was simple, fair, and portable, and that it had been appropriately negotiated. The court further found that the agreement provided for a fair and efficient workplace, and that it met the criteria for approval under the relevant industrial legislation. Accordingly, the court granted approval for the Programmed Electrical Technologies Limited Western Australia Enterprise Agreement 2025.
The court's decision was based on a thorough analysis of the agreement and the relevant legislation. The court found that the agreement was compliant with the statutory requirements and that it provided for a fair and efficient workplace. The court also noted that the agreement had been appropriately negotiated, and that it contained all the necessary terms and conditions. The final orders of the court were that the Programmed Electrical Technologies Limited Western Australia Enterprise Agreement 2025 be approved as a modern award.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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