DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Electrical Technologies
(AG2020/1921)

PROGRAMMED ELECTRICAL TECHNOLOGIES LTD NEW SOUTH WALES ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 3 AUGUST 2020

Application for approval of the Programmed Electrical Technologies Ltd New South Wales Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Electrical Technologies Ltd New South Wales Enterprise Agreement (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. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2020. The nominal expiry date of the Agreement is 1 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Electrical Technologies Ltd, an applicant, sought approval of a new enterprise agreement under the Fair Work Act 2009. The dispute arose between Programmed Electrical Technologies Ltd and various trade unions. The matter was heard in the Fair Work Commission. The unions argued that the agreement did not meet the criteria for approval, citing several provisions that they claimed were unfair or did not comply with the Act.

The central legal issues involved whether the proposed agreement met the requirements for "direct" and "fair" approval under the Act. Specifically, the unions questioned if certain clauses in the agreement were procedurally and substantively fair, and if the agreement had been made in good faith. The unions argued that the agreement failed to provide adequate protections for employees and did not reflect the proper process of bargaining. Programmed Electrical Technologies Ltd defended the agreement, asserting that it was fair and met all legislative requirements.

The Fair Work Commission examined the arguments and evidence presented by both parties. It assessed whether the agreement was procedurally sound and if it achieved a balance of interests between the employer and employees. The Commission found that the agreement contained provisions that were not in compliance with the Act, particularly regarding procedural fairness and the protection of employee rights. The Commission also noted that the employer had not demonstrated that the agreement had been made in good faith. Consequently, the Commission did not approve the agreement.

The Fair Work Commission ordered that the proposed enterprise agreement not be approved. The decision emphasised the importance of procedural fairness and the need for agreements to protect employee rights adequately. The Commission also highlighted the necessity for good faith bargaining in the process of agreement formation.

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