Programmed Maintenance Services Ltd T/A Programmed Facility Management

[2020] FWCA 3334

[2020] FWCA 3334

FAIR WORK COMMISSION

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

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Annexure A