Programmed Facility Management Pty Ltd
[2022] FWCA 2036
•21 JUNE 2022
| [2022] FWCA 2036 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Programmed Facility Management Pty Ltd
(AG2022/1602)
Programmed Facility Management Melbourne Water AMWU Mechanical and Field Services Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 21 JUNE 2022 |
Application for approval of the Programmed Facility Management Melbourne Water AMWU Mechanical and Field Services Agreement 2022
Programmed Facility Management Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the Programmed Facility Management Melbourne Water AMWU Mechanical and Field Services Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 1.4 of the Agreement. The Employer submits that there was an error in clause 1.4 of the Agreement as to the nominal expiry date.
I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.
The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.
The Agreement was made with the Australian Manufacturing Workers’ Union and pursuant to s 53(2)(b) of the Act I not that the Agreement covers this organisation.
The Agreement was approved on 21 June 2022 and, in accordance with s 54, will operate from 28 June 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516358 PR742873>
Annexure A
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