DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management (PRA) Pty Ltd T/A Programmed Facility Management (PRA) Pty Ltd
(AG2019/1444)

PROGRAMMED PERTH REGION ALLIANCE CIVIL EMPLOYEES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 31 MAY 2019

Application for approval of the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Programmed Facility Management (PRA) Pty Ltd T/A Programmed Facility Management (PRA) Pty 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 United Voice (UV) and The Australian Workers’ Union (AWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018. The applicant, Programmed Facility Management (PRA) Pty Ltd, sought approval of the agreement from the Fair Work Commission (FWC) to ensure it complied with the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central dispute was over several clauses in the proposed agreement, particularly those relating to employment terms and conditions, and the potential impact on the employees' rights.

The primary legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act, including fairness, the protection of employees' rights, and whether it was genuinely agreed upon by the parties. The FWC had to determine if the agreement was in the best interests of the employees and if it provided for a fair and reasonable outcome for both parties. Additionally, the FWC considered whether the agreement met the criteria for "no disadvantage" under the Act, which required the terms and conditions to be at least as good as those provided for in the relevant award or safety net award.

In making its decision, the FWC examined the nature of the agreement and the context in which it was negotiated. The FWC acknowledged the parties' right to negotiate an enterprise agreement and emphasised the importance of protecting the rights of the employees. The FWC found that the proposed agreement contained provisions that were disadvantageous to the employees, particularly regarding redundancy payments and certain leave entitlements. Despite these findings, the FWC concluded that the agreement was still in the best interests of the employees, considering the overall benefits it provided. The FWC approved the agreement, subject to certain modifications to address the identified disadvantages.

The final orders of the FWC included the approval of the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2018, with specific modifications to ensure compliance with the Fair Work Act. The FWC directed that the agreement would come into effect from a specified date and that the modifications would be implemented accordingly. The decision underscored the importance of balancing the rights of both employers and employees in the context of enterprise agreements.

Programmed Facility Management (PRA) Pty Ltd T/A 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