Programmed Maintenance Services Ltd T/A Programmed Facility Management Pty Ltd

[2023] FWCA 808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Maintenance Services Ltd T/A Programmed Facility Management Pty Ltd

(AG2023/544)

PROGRAMMED FACILITY MANAGEMENT - CITY WEST WATER/AMWU AGREEMENT 2022

Water, sewerage and drainage services
COMMISSIONER JOHNS	MELBOURNE, 16 MARCH 2023

Application for approval of the Programmed Facility Management - City West Water/AMWU Agreement 2022

An application has been made for approval of an enterprise agreement known as the Programmed Facility Management - City West Water/AMWU Agreement 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

Programmed Maintenance Services Ltd, trading as Programmed Facility Management, sought approval for an enterprise agreement from the Fair Work Commission. The applicant, which operates in the facility management sector, and the Australian Manufacturing Workers' Union (AMWU) had entered into the Programmed Facility Management - City West Water/AMWU Agreement 2022. The AMWU represented the employees of Programmed Maintenance Services Ltd. The Commission was required to determine whether the agreement was appropriate for approval under the Fair Work Act 2009. Specifically, the court needed to decide if the agreement was a simple, low-risk agreement and whether it complied with the relevant provisions of the Fair Work Act.

The court considered whether the agreement met the criteria for a simple, low-risk agreement. The court noted that the agreement did not impose significant changes to the employees' conditions of employment. The agreement was straightforward and did not contain complex provisions. The court also considered the parties' conduct during the negotiation process, which was cooperative and in good faith. The court found that the agreement was a simple, low-risk agreement that complied with the Fair Work Act. The court further considered whether the agreement met the "better off overall test" and whether it provided for appropriate mechanisms for the resolution of disputes. The court found that the agreement was fair and reasonable, and met the requirements of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Programmed Facility Management - City West Water/AMWU Agreement 2022. The court found that the agreement was a simple, low-risk agreement that met the requirements of the Fair Work Act. The agreement provided for appropriate mechanisms for the resolution of disputes and met the "better off overall test." The court approved the agreement, and it will now be in effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established