DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management (PRA) Pty Ltd
(AG2015/1268)

PROGRAMMED PERTH REGION ALLIANCE MECHANICAL AND ELECTRICAL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 4 JUNE 2015

Application for approval of the Programmed Perth Region Alliance Mechanical and Electrical Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Perth Region Alliance Mechanical and Electrical Enterprise 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 Facility Management (PRA) Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 June 2015 and, in accordance with s.54, will operate from 11 June 2015. The nominal expiry date of the Agreement is 1 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Facility Management (PRA) Pty Ltd recently sought approval of the Programmed Perth Region Alliance Mechanical and Electrical Enterprise Agreement 2015 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for mechanical and electrical employees within the specified region. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it included the required minimum entitlements as prescribed by the Act. Additionally, the Commission had to consider whether the agreement was consistent with the principles of the national workplace relations system, including ensuring that it did not undermine the protections afforded to employees.

In its decision, the Commission meticulously examined the provisions of the agreement and assessed them against the statutory requirements. The Commission found that while the agreement generally provided fair and reasonable terms, certain provisions needed amendment to fully comply with the Act. The Commission highlighted areas where the agreement failed to meet the minimum standards and provided detailed reasons for its findings. Ultimately, the Commission approved the agreement with some modifications, ensuring that it met all necessary legal criteria and protected the rights of the employees involved.

The Fair Work Commission ordered that the Programmed Perth Region Alliance Mechanical and Electrical Enterprise Agreement 2015 be approved with specific amendments to address the identified issues. These amendments were aimed at ensuring that the agreement adhered to the requirements of the Fair Work Act, thereby safeguarding the interests of the employees and maintaining the integrity of the national workplace relations system.

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