DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management (PRA) Pty Ltd
(AG2018/7046)

PROGRAMMED PERTH REGION ALLIANCE MECHANICAL AND ELECTRICAL ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Programmed Perth Region Alliance Mechanical and Electrical Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Perth Region Alliance Mechanical and Electrical Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Facility Management (PRA) Pty Ltd. 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.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2). I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2018. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Facility Management (PRA) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Programmed Perth Region Alliance Mechanical and Electrical Enterprise Agreement 2018. The application was brought by the company seeking to have the agreement registered as a single-employer agreement under the Fair Work Act 2009. The agreement was made between the company and various unions representing employees in the mechanical and electrical trades within the Perth region.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the necessary standards for fair and reasonable terms, was made in good faith, and provided for proper processes for the resolution of disputes. Additionally, the Commission had to ensure that the agreement did not contravene any minimum entitlements or unfair dismissal provisions under the Act.

In its decision, the Commission carefully examined the terms of the agreement, taking into account the bargaining positions of the parties, the economic context, and the provisions of the Act. The Commission found that the agreement was made in good faith and that the terms were fair and reasonable. It concluded that the agreement provided appropriate processes for the resolution of disputes and did not contravene any minimum entitlements or unfair dismissal provisions. Consequently, the Commission approved the agreement and ordered that it be registered as a single-employer agreement.

The Fair Work Commission's decision underscores the importance of ensuring that enterprise agreements are made in good faith and comply with the statutory requirements set out in the Fair Work Act. This case serves as a reminder to employers and unions of the need to adhere to the legislative standards when negotiating and finalising agreements.

Programmed Facility Management (PRA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established