DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management Pty Ltd
(AG2015/1108)

PROGRAMMED FACILITY MANAGEMENT WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management Western Australia 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 1 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd sought approval of the Programmed Facility Management Western Australia Enterprise Agreement 2015 in the Fair Work Commission. The applicant argued that the agreement complied with the requirements of the Fair Work Act 2009. The dispute arose from objections to the agreement by certain employees who claimed that it did not adequately protect their conditions of employment.

The legal issues before the court involved whether the agreement met the statutory criteria for approval, including whether it provided for minimum rates of pay and conditions, whether it was free from prohibited content, and whether it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement complied with the procedural requirements set out in the Fair Work Act.

The Fair Work Commission examined the content of the agreement and the process through which it was made. It found that the agreement provided for minimum rates of pay and conditions that were no less favourable than those provided by the relevant award. The Commission also determined that the agreement was free from prohibited content and was made in good faith. Furthermore, the process for making the agreement was found to be procedurally sound, with proper notice and opportunity for consultation provided to the employees. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Programmed Facility Management Western Australia Enterprise Agreement 2015, finding it to be compliant with the statutory requirements and procedural standards set out in the Fair Work Act.

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