Programmed Maintenance Services Ltd T/A Programmed Facility Management

[2014] FWCA 5287

[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

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