Programmed Facility Management Pty Ltd T/A Programmed

Case •

[2022] FWCA 1272

•

12 APRIL 2022
[2022] FWCA 1272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Facility Management Pty Ltd T/A Programmed

(AG2022/817)

Programmed Facility Management Western Australia Enterprise Agreement 2022

Manufacturing and associated industries

COMMISSIONER HUNT

BRISBANE, 12 APRIL 2022

Application for the approval of Programmed Facility Management Western Australia Enterprise Agreement 2022

  1. Programmed Facility Management Pty Ltd T/A Programmed (the Employer) has applied for approval of an enterprise agreement known as the Programmed Facility Management Western Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

  1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.  

  1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

  1. I have taken into consideration the material filed in the Commission. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2022.  The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515665  PR740288>

ANNEXURE A

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