DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Limited
(AG2015/5232)

PROGRAMMED MAINTENANCE SERVICES LIMITED (PAINTING SA) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 OCTOBER 2015

Application for approval of the Programmed Maintenance Services Limited (Painting SA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Maintenance Services Limited (Painting SA) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Maintenance Services Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 22 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Maintenance Services Limited applied to the Fair Work Commission for approval of the Programmed Maintenance Services Limited (Painting SA) Enterprise Agreement 2015. The application was made under section 230 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees in the painting industry in South Australia. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue was whether the agreement provided for the fair remuneration and conditions of employment for the employees covered by the agreement. The Commission had to consider whether the agreement provided for a fair and efficient workplace, whether it was free from coercion and undue influence, and whether it provided for appropriate dispute resolution mechanisms. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the agreement met the criteria for approval. The Commission found that the agreement provided for fair and efficient workplaces, was free from coercion and undue influence, and provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement provided for the protection of employees' rights and interests. The Commission approved the agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the Programmed Maintenance Services Limited (Painting SA) Enterprise Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the agreement's provisions on minimum rates of pay, penalty rates, and overtime rates. The Commission also required the parties to implement a process for reviewing the agreement's provisions on job classification and wage progression. The approval of the agreement ensures that employees in the painting industry in South Australia have a fair and efficient workplace, with appropriate protections for their rights and interests.

Programmed Maintenance Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established