DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Ltd T/A Programmed Facility Management
(AG2019/1619)

PROGRAMMED FACILITY MANAGEMENT - CITY WEST WATER/AMWU AGREEMENT 2019

Water, sewerage and drainage services
COMMISSIONER JOHNS	MELBOURNE, 31 MAY 2019

Application for approval of the Programmed Facility Management - City West Water/AMWU Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management - City West Water/AMWU Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Programmed Maintenance Services Ltd T/A Programmed Facility Management. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Maintenance Services Ltd, trading as Programmed Facility Management, sought the Fair Work Commission's approval of the Programmed Facility Management - City West Water/AMWU Agreement 2019. The Australian Manufacturing Workers' Union (AMWU) and City West Water were parties to the dispute. The applicant argued that the agreement provided for appropriate terms and conditions of employment, while the respondents contended that the agreement did not appropriately address several issues.

The court had to determine whether the agreement contained terms and conditions that were fair and appropriate, as required by the Fair Work Act 2009. This included assessing whether the agreement provided for reasonable work arrangements, including hours of work and shift patterns, and whether it appropriately addressed the rights and obligations of the parties involved.

The Fair Work Commission found that the agreement was appropriate and fair, taking into account the nature of the work involved and the parties' bargaining positions. The court determined that the agreement provided for reasonable work arrangements and appropriately addressed the rights and obligations of the parties. The Commission approved the agreement, noting that it provided for appropriate terms and conditions of employment and met the requirements of the Fair Work Act 2009.

The court ordered that the Programmed Facility Management - City West Water/AMWU Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. This decision provides clarity for employers and employees in the facility management industry, ensuring that appropriate terms and conditions of employment are in place.

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