Programmed Integrated Workforce Limited

[2013] FWCA 8947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Integrated Workforce Limited
(AG2013/9957)

PROGRAMMED INTEGRATED WORKFORCE LIMITED WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 15 NOVEMBER 2013

Application for approval of the Programmed Integrated Workforce Limited Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Integrated Workforce Limited Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Integrated Workforce Limited. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2013. The nominal expiry date of the Agreement is 15 November 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Integrated Workforce Limited (PIW) applied to the Federal Circuit Court for the approval of the Programmed Integrated Workforce Limited Wheatstone Project Agreement 2013. The applicant sought the Court’s approval under section 211 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval set out in the Act. Specifically, the Court needed to determine if the agreement provided a safety net of minimum wages and conditions for workers and if it facilitated workplace flexibility.

The primary issue for the Court was whether the agreement complied with the statutory requirements for approval. The applicant argued that the agreement offered appropriate safeguards for employees' wages and conditions and allowed for greater flexibility in the workplace. The Court considered the nature of the agreement, its provisions, and whether it met the statutory criteria for approval. The Court also examined whether the agreement was consistent with the public interest and if it provided adequate protections for employees.

The Court found that the agreement provided a safety net of minimum wages and conditions and facilitated workplace flexibility. The Court determined that the agreement met the criteria for approval under section 211 of the Act. The Court approved the agreement, highlighting its benefits for both employers and employees. The Court emphasised the importance of ensuring that employees are protected under the agreement while also allowing for flexibility in the workplace.

The Court approved the Programmed Integrated Workforce Limited Wheatstone Project Agreement 2013, confirming its compliance with the statutory requirements. The Court found that the agreement provided appropriate protections for employees and facilitated workplace flexibility. The Court's decision ensures that the agreement is consistent with the public interest and benefits both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established