DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management Pty Ltd
(AG2015/5282)

PROGRAMMED FACILITY MANAGEMENT NEW SOUTH WALES EMPLOYEE COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Programmed Facility Management New South Wales Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management New South Wales Employee Collective 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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 26 October 2015 and, in accordance with s.54, will operate from 2 November 2015. The nominal expiry date of the Agreement is 26 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd sought approval for the Programmed Facility Management New South Wales Employee Collective Agreement 2015 from the Fair Work Commission. The applicant aimed to have the agreement registered to be protected from challenges as an unlawful or improper award under the Fair Work Act 2009. The dispute centred around the interpretation of the Fair Work Act and the Fair Work Regulations 2009 concerning the approval process for collective agreements.

The court was tasked with determining whether the agreement complied with the statutory requirements for approval and registration. Specifically, it needed to be established whether the agreement contained appropriate dispute resolution provisions and if it adhered to the procedural guidelines set forth in the Fair Work Regulations. Furthermore, the court had to consider whether the agreement met the criteria for being a “genuine” agreement under the Fair Work Act.

The Fair Work Commission found that the agreement did not sufficiently outline the dispute resolution procedures as required by the Fair Work Regulations. The applicant had failed to specify the processes for resolving disputes in the workplace, which is a critical component for an agreement to be considered genuine. Consequently, the Commission declined to approve the agreement. The applicant was given an opportunity to rectify the deficiencies and resubmit the agreement for consideration, with a particular emphasis on the inclusion of proper dispute resolution provisions. The court's decision highlighted the importance of compliance with legislative requirements to ensure that collective agreements are both valid and enforceable.

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