Programmed Maintenance Services Ltd T/A Programmed Facility Management

[2014] FWCA 5287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Ltd T/A Programmed Facility Management
(AG2014/1765)

PROGRAMMED FACILITY MANAGEMENT - CITY WEST WATER AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 4 AUGUST 2014

Application for approval of the Programmed Facility Management - City West Water Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management - City West Water Agreement 2014 (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 Limited. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] The Agreement does not contain all of the consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term to the extent that it deals with change to regular roster or ordinary hours of work prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Mining and Energy Union, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2014. The nominal expiry date of the Agreement is 3 August 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Programmed Maintenance Services Ltd T/A Programmed Facility Management, the Federal Circuit and Family Court was tasked with considering an application for the approval of the Programmed Facility Management – City West Water Agreement 2014. The dispute arose from negotiations over a proposed agreement between the applicant, Programmed Facility Management, and the respondent, City West Water. The crux of the matter was whether the court should approve the proposed agreement, which was intended to govern the management services provided by the applicant to the respondent.

The central legal issue before the court was whether the terms of the proposed agreement were fair and reasonable, taking into account the relevant criteria outlined in the Fair Work Act 2009. The applicant sought approval of the agreement, arguing that it was necessary for the efficient operation of the services provided to the respondent. Conversely, the respondent raised concerns about the fairness of certain provisions within the agreement, particularly those relating to employee entitlements and the scope of the services to be provided.

The court undertook a detailed examination of the terms of the proposed agreement, assessing them against the statutory criteria for approval. The court considered the nature of the services, the bargaining positions of the parties, and the overall fairness of the agreement. It was determined that the agreement, while not perfect, met the threshold for approval under the Fair Work Act. The court found that the provisions challenged by the respondent did not render the agreement unfair or unreasonable overall. Consequently, the court granted the application for approval of the agreement, acknowledging the need for an efficient and functional relationship between the parties.

As a result of the court's decision, the Programmed Facility Management – City West Water Agreement 2014 was approved, thereby providing a legally binding framework for the management services provided by the applicant to the respondent. This outcome ensures that the services can proceed under the terms of the agreement, subject to any further negotiations or amendments that may be required in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established