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

[2022] FWCA 3891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4329)

Programmed Facility Management - City West Water Agreement 2022

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2022

Application for approval of the PROGRAMMED FACILITY MANAGEMENT - CITY WEST WATER AGREEMENT 2022

An application has been made for approval of an enterprise agreement known as the PROGRAMMED FACILITY MANAGEMENT - CITY WEST WATER 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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2022. The nominal expiry date of the Agreement is 7 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Programmed Maintenance Services Ltd trading as Programmed Facility Management Pty Ltd, the Federal Circuit and Family Court of Australia was called upon to assess the approval of the Programmed Facility Management - City West Water Agreement 2022. This agreement pertains to the terms of a contract for maintenance services between Programmed Facility Management Pty Ltd and City West Water. The primary dispute centred around whether the terms of the agreement were fair and reasonable, particularly in light of the statutory requirements under the Fair Work Act 2009. The applicant, Programmed Facility Management Pty Ltd, sought the court's approval of the agreement to ensure its enforceability and compliance with the applicable legislative framework.

The court was tasked with determining several key legal issues, including whether the agreement met the criteria for being a small business enterprise agreement under the Fair Work Act, and whether the agreement was in compliance with the procedural requirements stipulated by the legislation. Furthermore, the court had to assess whether the agreement contained terms that were fair and reasonable, considering the interests of both parties involved. The applicant argued that the agreement was beneficial and appropriately balanced, while it was suggested that certain terms might not fully protect the rights of the employees under the agreement.

In reaching its decision, the court meticulously examined the contents of the agreement, the bargaining process, and the nature of the relationship between the parties. The court found that the agreement was indeed a small business enterprise agreement and that it complied with the procedural requirements of the Fair Work Act. The court also concluded that the terms of the agreement were fair and reasonable, taking into account the broader context of the industrial relationship. Consequently, the court granted the application for approval of the agreement, thereby enabling it to be implemented as intended by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established