Programmed Facility Management Pty Ltd
[2023] FWCA 2535
•14 AUGUST 2023
| [2023] FWCA 2535 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Programmed Facility Management Pty Ltd
(AG2023/2562)
PROGRAMMED FACILITY MANAGEMENT SYDNEY WATER AMWU ETU AGREEMENT
| Water, sewerage and drainage services | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 14 AUGUST 2023 |
Application for approval of the Programmed Facility Management Sydney Water AMWU ETU Agreement
An application has been made for approval of an enterprise agreement known as the Programmed Facility Management Sydney Water AMWU ETU Agreement (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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
In response to a number of issues relating to the proposed agreement raised by the Commission, the Applicant proffered written undertakings. I do not regard it as necessary to accept the proposed undertakings in this instance. I note that Clause 1.7.3 of the Agreement provides that this Agreement is to be read in conjunction with the National Employment Standards (NES) and where there is any inconsistency between a provision of this Agreement and the NES, the more favourable provisions shall apply. To the extent that clauses 3.2.2(b), 3.3, 3.4.2 or 6.3, raise any issues of inconsistency with the NES I am satisfied that Clause 1.7.3 would apply such that there would be no exclusion of any provision of the NES.
I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.
The “Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers” Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 21 August 2026.
DEPUTY PRESIDENT
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