Programmed Facility Management Pty Ltd T/A Programmed

[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

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.

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.

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.

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.

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

ANNEXURE A

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd, trading as Programmed, applied to the Fair Work Commission for the approval of the Programmed Facility Management Western Australia Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009, and involved the determination of whether the agreement met the criteria for modern awards and the public interest test.

The primary legal issues that the Commission was required to decide were whether the agreement was a "better off overall test" (BOOT) compliant agreement and whether it satisfied the public interest test. The BOOT test requires that employees be no worse off financially under the agreement than they would be under applicable modern awards. The public interest test requires that the agreement does not have an adverse effect on the economy or on the conciliation and arbitration functions of the Commission.

The Commission found that the agreement was BOOT compliant and satisfied the public interest test. The Commission noted that the agreement provided for improved pay and conditions for employees, and that the public interest was not adversely affected. The Commission approved the agreement and made orders to that effect. The orders included the registration of the agreement, and the setting aside of any existing enterprise agreement between the parties. The Commission also ordered that the agreement would commence on 1 July 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established