Programmed Facility Management Pty Ltd

[2022] FWCA 1358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Facility Management Pty Ltd

(AG2022/1082)

Programmed Facility Management and ETU (Melbourne Water/South East Water) Enterprise Agreement 2021 – 2025

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 20 APRIL 2022

Application for approval of the Programmed Facility Management and ETU (Melbourne Water/South East Water) Enterprise Agreement 2021 – 2025.

An application has been made for approval of a greenfields agreement known as the Programmed Facility Management and ETU (Melbourne Water/South East Water) Enterprise Agreement 2021 – 2025 (the Agreement). The application was made by Programmed Facility Management Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd applied to the Fair Work Commission for approval of the Programmed Facility Management and ETU (Melbourne Water/South East Water) Enterprise Agreement 2021 – 2025. The application was made under section 236 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union. The Commission was required to decide whether the agreement was appropriate for registration under the Act, which required it to determine if the agreement provided for fair and reasonable terms and conditions of employment.

The Commission noted that the agreement contained provisions relating to pay and conditions, hours of work, redundancy, and other matters. The Commission was required to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it provided for a fair and reasonable process for resolving disputes. The Commission found that the agreement did provide for fair and reasonable terms and conditions of employment, and that it provided for a fair and reasonable process for resolving disputes.

Accordingly, the Commission approved the agreement. The agreement is now registered under the Fair Work Act 2009, and is binding on all parties who are covered by the agreement. The decision of the Commission is final and binding, and cannot be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established