DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Facility Management Pty Ltd
(AG2015/3790)

PROGRAMMED PERTH REGION ALLIANCE CIVIL EMPLOYEES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2015

Application for approval of the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Facility Management Pty 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Voice, 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.

[4] The Agreement was approved on 8 July 2015 and, in accordance with s.54, will operate from 15 July 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved Programmed Perth Region Alliance and Civil Employees. The primary dispute was centred on the application for approval of the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2015. This case was heard and decided by the Fair Work Commission, a tribunal responsible for regulating the fair work system in Australia.

The legal issues that the court needed to address were whether the agreement met the criteria for being a protected action, whether it complied with the provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees. Furthermore, the court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it satisfied the requirements for being a "better off overall" agreement.

The Fair Work Commission, after carefully reviewing the arguments and evidence presented by both parties, found that the agreement was a protected action and complied with the relevant provisions of the Fair Work Act 2009. The court considered the agreement to be in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement satisfied the "better off overall" test, as the employees would be better off with the agreement than without it. As a result, the Fair Work Commission approved the Programmed Perth Region Alliance Civil Employees Enterprise Agreement 2015.

PROGRAMMED PERTH REGION ALLIANCE CIVIL EMPLOYEES ENTERPRISE AGREEMENT 2015

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established