DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facilities Management
(AG2015/3296)

PROGRAMMED FACILITY MANAGEMENT AND CFMEU ENERGYAUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2015

Fire fighting services
COMMISSIONER BISSETT	MELBOURNE, 24 JULY 2015

Application for approval of the Programmed Facility Management and CFMEU EnergyAustralia Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management and CFMEU EnergyAustralia Enterprise Bargaining 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 Facilities Management. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Construction, Forestry, Mining and Energy Union, 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), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 31 July 2015. The nominal expiry date of the Agreement is 23 July 2019.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute was heard in the Fair Work Commission, with Programmed Facilities Management (PFM) being the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) being the respondent. The matter at hand concerned the approval of the Programmed Facility Management and CFMEU EnergyAustralia Enterprise Bargaining Agreement 2015, specifically regarding whether the agreement was in the interests of employees. The court had to determine whether the agreement was fair and reasonable, and if it met the criteria for registration under the Fair Work Act 2009.

The primary legal issues involved assessing the fairness and reasonableness of the agreement. The court examined whether the agreement provided for a fair and reasonable outcome for employees, considering the various provisions and terms within the agreement. The court also needed to determine if the agreement met the requirements for registration, including whether it provided for the protection of employees' rights and interests. Additionally, the court had to consider the bargaining power of the parties and whether the agreement was made in good faith.

The court found that the agreement was fair and reasonable, and it met the criteria for registration. The agreement was deemed to provide for a fair and reasonable outcome for employees, taking into account the various provisions and terms within the agreement. The court concluded that the agreement was made in good faith and that the parties had exercised their bargaining power appropriately. The court also considered the protections provided for employees' rights and interests within the agreement and found that it met the requirements for registration under the Fair Work Act 2009.

The court approved the Programmed Facility Management and CFMEU EnergyAustralia Enterprise Bargaining Agreement 2015, allowing it to be registered and enforceable. The agreement was found to be fair and reasonable, meeting the criteria for registration under the Fair Work Act 2009. The court's decision provided certainty for both parties involved and ensured that the agreement would protect employees' rights and interests.

Programmed Facilities Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established