FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Ltd
(AG2014/10333)

PROGRAMMED MAINTENANCE SERVICES LIMITED GROUNDS VICTORIA MANAGEMENT EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2015

Application for approval of the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Maintenance Services Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2015. The nominal expiry date of the Agreement is 25 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lions Den Projects Pty Ltd, trading as Bakers Delight in Gisborne and Bacchus Marsh, applied to the Fair Work Commission for approval of the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017. The application arose from a need to align the terms of the agreement with the broader objectives of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including compliance with the Act and fairness to all parties involved.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement appropriately balanced the interests of employers and employees, and whether it contained provisions that were consistent with the principles of the Act. The Commission had to consider the implications of the agreement on the rights and obligations of the parties, as well as its overall fairness and suitability for the workforce.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission emphasised that the agreement was fair and balanced, providing appropriate protections and benefits to employees while also considering the operational needs of the employer. The Commission noted that the agreement included provisions for consultation, dispute resolution, and other matters that aligned with the principles of the Fair Work Act. As a result, the Commission approved the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017.

Lions Den Projects Pty Ltd T/A Bakers Delight Gisborne and Bacchus Marsh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established