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

[2019] FWCA 8434

[2019] FWCA 8434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Ltd T/A Programmed Facility Management Pty Ltd
(AG2019/4167)

PROGRAMMED FACILITY MANAGEMENT AND CFMEU ENERGY AUSTRALIA ENTERPRISE BARGAINING AGREEMENT 2019

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the Programmed Facility Management and CFMEU Energy Australia Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Facility Management and CFMEU Energy Australia Enterprise Bargaining Agreement 2019 (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.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 11 December 2019.

COMMISSIONER

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<AE506469  PR715237>

Annexure A