Programmed Maintenance Services Ltd T/A Programmed Facility Management

[2019] FWCA 6737

[2019] FWCA 6737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Ltd T/A Programmed Facility Management
(AG2019/2633)

PROGRAMMED FACILITY MANAGEMENT MELBOURNE AIRPORT ENTERPRISE BARGAINING AGREEMENT 2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 1 OCTOBER 2019

Application for approval of the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2019 (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 Ltd T/A Programmed Facility Management. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] As noted in the third undertaking provided, the dispute settlement term contained in schedule 6.1 of the Fair Work Regulations 2009 is attached to the Agreement and will be taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 7 October 2022.

COMMISSIONER

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Annexure A