DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Ltd T/A Programmed Facility Management
(AG2020/1442)

PROGRAMMED FACILITY MANAGEMENT SYDNEY WATER AMWU ETU AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 JUNE 2020

Application for approval of the Programmed Facility Management Sydney Water AMWU ETU Agreement.

[1] An application has been made for approval of an enterprise agreement to be known as the Programmed Facility Management Sydney Water AMWU ETU Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Programmed Maintenance Services Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 17 June 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2010 and Electrical, Electronic and Communications Contracting Award 2010 respectively), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Manufacturing Workers’ Union, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2020. The nominal expiry date of the Agreement is 6 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Programmed Maintenance Services Ltd, trading as Programmed Facility Management, and the Australian Manufacturing Workers' Union (AMWU) and the Electrical Trades Union (ETU). The dispute centred on the application for approval of the Programmed Facility Management Sydney Water AMWU ETU Agreement. Programmed Maintenance Services, an employer within the facility management industry, sought to have the agreement, which detailed the terms and conditions of employment for its workers, formally recognised and approved by the Fair Work Commission.

The legal issues that required resolution were whether the agreement met the necessary standards for approval under the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and if it contained appropriate provisions for minimum entitlements and dispute resolution. Additionally, the court had to consider the extent to which the agreement complied with the relevant awards and the general protections against unfair dismissal, as well as whether it adhered to the Fair Work Commission’s guidelines for good faith bargaining and the avoidance of coercion and undue influence in the negotiation process.

In reaching its decision, the Fair Work Commission examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement satisfied the criteria for approval, as it included provisions that were fair and efficient and provided for the minimum entitlements of employees. The Commission also noted that the agreement contained appropriate mechanisms for dispute resolution and was negotiated in good faith. The Commission further observed that the agreement aligned with relevant awards and adhered to the principles of the Fair Work Act, including the protection against unfair dismissal. Consequently, the Commission approved the Programmed Facility Management Sydney Water AMWU ETU Agreement, recognising it as a lawful and effective means of regulating the employment relationship between the parties.

Programmed Maintenance Services Ltd T/A Programmed Facility Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established