DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Property Services
(AG2016/430)

PROGRAMMED PROPERTY SERVICES LIMITED (PAINTING WA) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2016

Application for approval of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Property Services Limited (Painting WA) 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 Property Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.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.

[5] The Construction, Forestry, 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 29 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Programmed Property Services, which sought approval of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2015. The application for approval was brought under section 232 of the Fair Work Act 2009. The dispute arose from disagreements over the terms and conditions of employment for employees within the Painting WA division of Programmed Property Services.

The legal issues before the court centred on whether the enterprise agreement in question met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement contained the necessary minimum terms as outlined in the Act, and whether the agreement was made in good faith and covered a suitable group of employees. Additionally, the court examined if the agreement provided for proper dispute resolution mechanisms and if it adhered to the provisions of the Act.

The court thoroughly reviewed the enterprise agreement, assessing it against the statutory requirements. It found that the agreement contained all the minimum terms prescribed by the Fair Work Act, including provisions on wages, hours of work, and other conditions of employment. The court also concluded that the agreement was made in good faith and covered a suitable group of employees. The dispute resolution mechanisms were deemed adequate, and the agreement was found to comply with the provisions of the Act. Consequently, the court approved the enterprise agreement.

As a result of the court's findings, the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2015 was approved and registered under section 232 of the Fair Work Act 2009. The agreement would now govern the terms and conditions of employment for the employees within the Painting WA division of Programmed Property Services.

Programmed Property Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established