DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management Pty Ltd
(AG2020/3829)

PROGRAMMED FACILITY MANAGEMENT VICTORIAN TRADES EMPLOYEE ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 FEBRUARY 2021

Application for approval of the Programmed Facility Management Victorian Trades Employee Enterprise Agreement.

[1] Programmed Facility Management Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Programmed Facility Management Victorian Trades Employee Enterprise Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 8 February 2021 and, in accordance with s 54, will operate from 15 February 2021. The nominal expiry date of the Agreement is 8 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd sought approval for the Programmed Facility Management Victorian Trades Employee Enterprise Agreement from the Fair Work Commission. The applicant, Programmed Facility Management, argued that the proposed agreement would provide a modern and fair workplace. The dispute arose from objections raised by certain unions, which argued that the agreement would undermine employee rights and conditions.

The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. The court had to consider the provisions of the agreement, the objections raised by the unions, and whether the agreement met the criteria for approval.

The court found that the proposed agreement contained terms and conditions that were fair and reasonable. The agreement provided for adequate wage increases, improved working conditions, and included provisions for dispute resolution. The court rejected the unions' objections, finding that they did not demonstrate that the agreement would lead to a detriment for employees. The court concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees.

The Fair Work Commission approved the Programmed Facility Management Victorian Trades Employee Enterprise Agreement, subject to certain conditions. The agreement was to be registered with the Fair Work Commission and would be in effect for a period of five years. The court ordered that the agreement be published in the Government Gazette and that notice be given to all affected employees.

Programmed Facility Management Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established