Programmed Facility Management Pty Ltd T/A Programmed Facility Management Pty Ltd

[2023] FWCA 355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Facility Management Pty Ltd T/A Programmed Facility Management Pty Ltd

(AG2022/5484)

PROGRAMMED FACILITY MANAGEMENT MELBOURNE AIRPORT ENTERPRISE BARGAINING AGREEMENT 2022

Building services
COMMISSIONER WILSON	MELBOURNE, 4 FEBRUARY 2023

Application for approval of the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2022

An application has been made for approval of an enterprise agreement known as the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2022 (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 T/A Programmed Facility Management Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2023. The nominal expiry date of the Agreement is 11 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd, trading as Programmed Facility Management Pty Ltd, sought approval from the Fair Work Commission for the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2022. The dispute arose from disagreements over the terms and conditions of employment for workers at Melbourne Airport. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement complied with the procedural requirements for enterprise agreements and whether it met the "better off overall test" (BOOT) under the Fair Work Act. The Commission had to assess if the agreement was made genuinely and voluntarily, covered employees who were willing to be covered, and provided a safety net of minimum entitlements. Additionally, the Commission needed to determine if the agreement provided employees with terms and conditions that were at least as good as the applicable award or modern award, or improved their conditions in a meaningful way.

The Commission found that the agreement had been made genuinely and voluntarily, involved employees willing to be covered, and provided a safety net of minimum entitlements. The Commission also determined that the agreement provided employees with terms and conditions that were better than those provided by the applicable award, thus satisfying the BOOT. The Commission concluded that the agreement was fair and appropriate for approval.

Accordingly, the Fair Work Commission approved the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2022. This decision ensures that the employees of Programmed Facility Management Pty Ltd at Melbourne Airport will be governed by the terms of this new agreement, which provides them with improved conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established