DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management Pty Ltd T/A Programmed Facility Management Pty Ltd
(AG2020/692)

BUILDING PROJECTS AND PROGRAMMED FACILITY MANAGEMENT NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY EMPLOYEE COLLECTIVE AGREEMENT

Building services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 APRIL 2020

Application for approval of the Building Projects and Programmed Facility Management New South Wales and Australian Capital Territory Employee Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Building Projects and Programmed Facility Management New South Wales and Australian Capital Territory Employee Collective Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 April 2020. The nominal expiry date of the Agreement is 21 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Facility Management Pty Ltd applied for approval of a new enterprise agreement. The applicant sought to resolve the dispute between it and the Building Projects and Programmed Facility Management New South Wales and Australian Capital Territory Employees Union. The dispute was heard by the Fair Work Commission. The primary issue before the Commission was whether the agreement should be approved under the Fair Work Act 2009. This required the Commission to consider whether the agreement met the requirements of section 230 of the Act, including whether it provided for a direct or indirect reduction in the pay or conditions of employees, or if it contained a term that would have the effect of doing so.

The Commission determined that the agreement did not result in a reduction in the pay or conditions of employees. It also found that the agreement did not contain any term that would have the effect of reducing the pay or conditions of employees. The Commission considered the arguments presented by the union and the applicant, as well as relevant case law and legislation. The Commission found that the agreement was fair and reasonable, and should be approved. The union's argument that the agreement would result in a reduction in pay or conditions was rejected.

The Commission approved the agreement, finding that it met the requirements of the Act and was in the best interests of the employees. The union's application for a stay of the agreement was also dismissed. The applicant was authorised to proceed with the implementation of the agreement. The union was directed to give notice to its members of the outcome of the application. The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and did not result in a reduction in the pay or conditions of employees.

Programmed Facility Management Pty Ltd T/A 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