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

[2023] FWCA 808

[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

1. 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.

1. 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.

1. 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.

2. 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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