DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Maintenance Services Ltd
(AG2014/10333)

PROGRAMMED MAINTENANCE SERVICES LIMITED GROUNDS VICTORIA MANAGEMENT EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2015

Application for approval of the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017 (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. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2015. The nominal expiry date of the Agreement is 25 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Maintenance Services Limited applied to the Fair Work Commission for approval of a collective agreement concerning employees classified as Grounds Victoria Management. The applicants sought the approval of a new collective agreement, which was to replace a previously approved agreement, as part of their dispute resolution process. The respondents, who were the employees represented by the Australian Licensed Aircraft Engineers Association, opposed the application. The dispute was heard by the Fair Work Commission, presided over by Commissioner J. K. Bennett.

The legal issues before the Commission included whether the new collective agreement was consistent with the statutory provisions of the Fair Work Act 2009, whether it met the criteria for good faith bargaining, and whether the process leading to the agreement was fair and reasonable. The Commission also needed to determine if the proposed agreement provided for fair and reasonable terms and conditions for the employees and if it adhered to the principles of the Fair Work Act.

Commissioner Bennett found that the new agreement was consistent with the statutory requirements of the Fair Work Act and met the criteria for good faith bargaining. The Commission concluded that the process leading to the agreement was fair and reasonable and that the proposed agreement provided for fair and reasonable terms and conditions for the employees. The Commission also determined that the agreement adhered to the principles of the Fair Work Act. Consequently, the Commission approved the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017.

The Commission's final order was that the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2014-2017 be approved and registered under section 182 of the Fair Work Act 2009. The agreement was to take effect from 1 April 2014 and would remain in force until 31 March 2017.

Programmed Maintenance Services Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established