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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Maintenance Services Ltd, trading as Programmed Facility Management, applied to the Fair Work Commission for the approval of the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2019. The agreement was sought to be registered under section 180 of the Fair Work Act 2009. The application arose from negotiations between Programmed Facility Management and the Australian Manufacturing Workers' Union, representing the employees of Programmed Facility Management. The dispute centred on the terms and conditions of employment for the employees working at Melbourne Airport.

The primary legal issues before the Fair Work Commission were whether the agreement contained all the necessary provisions as required by the Fair Work Act and whether the agreement was fair and reasonable. This involved examining the agreement to ensure it complied with the provisions of the Act and determining whether it met the "better off overall test" (BOOT). The BOOT requires that the employees be no worse off financially and, ideally, better off overall when compared to their previous conditions of employment.

The Commission found that the agreement was compliant with the Fair Work Act and met the better off overall test. The Commission noted that the agreement provided for a significant increase in wages and improvements to other conditions of employment, including leave entitlements and shift penalties. The Commission also took into account the views of the employees and the union's support for the agreement. The Commission concluded that the agreement was fair and reasonable and approved the registration of the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2019.

The Fair Work Commission ordered the registration of the Programmed Facility Management Melbourne Airport Enterprise Bargaining Agreement 2019 under section 180 of the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the employees are legally recognised and enforceable, providing certainty and stability for both the employees and the employer.

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