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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Maintenance Services Ltd, trading as Programmed Facility Management Pty Ltd, sought approval for the Programmed Facility Management and CFMEU Energy Australia Enterprise Bargaining Agreement 2019. The application was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement, which included a range of terms and conditions for employees within the energy sector, complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "single, intelligible, and operative" document, and if it adhered to the "better off overall test" (BOOT) for employees.

The primary legal issues were whether the agreement was clear, concise, and comprehensive enough to be considered a single, intelligible, and operative document, and if it provided a fair and better outcome for employees than what would be available under the applicable awards. The Commission also needed to ensure the agreement did not unfairly discriminate against any group of employees and complied with the procedural fairness requirements under the Fair Work Act.

The Fair Work Commission, after a thorough review, found that the agreement met the criteria for being a single, intelligible, and operative document. The Commission was satisfied that the agreement was clear and comprehensive, covering all necessary terms and conditions. Additionally, the Commission determined that the agreement passed the BOOT test, providing employees with a fair and better outcome overall. The Commission concluded that the agreement was procedurally fair and did not unfairly discriminate against any group of employees. Consequently, the Commission approved the proposed agreement, deeming it to be in compliance with the Fair Work Act.

In light of the approval, the Fair Work Commission issued an order approving the Programmed Facility Management and CFMEU Energy Australia Enterprise Bargaining Agreement 2019. This decision allows the agreement to be registered and enforceable as a registered agreement under the Fair Work Act, providing a legally binding framework for the terms and conditions of employment for the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established