DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management Pty Ltd
(AG2015/7607)

PROGRAMMED FACILITY MANAGEMENT QUEENSLAND ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Programmed Facility Management Queensland Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management Queensland Enterprise Agreement 2015 (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 Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 December 2015. The nominal expiry date of the Agreement is 15 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd applied for approval of the Programmed Facility Management Queensland Enterprise Agreement 2015. The applicant sought an order approving the agreement as a registered agreement under the Fair Work Act 2009. The applicant also sought an order allowing the agreement to operate as a safety net agreement. The applicant's case was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which submitted that the agreement did not meet the criteria for registration and did not provide a safety net.

The court was required to decide whether the agreement met the criteria for registration under the Fair Work Act and whether it provided a safety net. The court noted that the agreement provided for minimum wages and conditions and contained dispute resolution procedures, but that it did not include a dispute resolution process for employees who were members of the CFMEU. The court also noted that the agreement contained provisions that were inconsistent with the National Employment Standards. The court found that the agreement did not meet the criteria for registration and did not provide a safety net.

The court refused to approve the agreement as a registered agreement and as a safety net agreement. The court found that the agreement did not meet the criteria for registration and did not provide a safety net. The court noted that the agreement contained provisions that were inconsistent with the National Employment Standards and did not provide a dispute resolution process for employees who were members of the CFMEU. The court also noted that the applicant had not provided evidence to support its claim that the agreement provided a safety net.

The court did not make an order approving the agreement as a registered agreement or as a safety net agreement. The court's decision was based on the fact that the agreement did not meet the criteria for registration and did not provide a safety net. The court found that the agreement contained provisions that were inconsistent with the National Employment Standards and did not provide a dispute resolution process for employees who were members of the CFMEU. The court also noted that the applicant had not provided evidence to support its claim that the agreement provided a safety net.

Programmed Facility Management 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