Programmed Property Services Summary

[2016] FWCA 868
DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Programmed Property Services
(AG2015/7203)
PROGRAMMED PROPERTY SERVICES AND CONSTRUCTION
FORESTRY MINING AND ENERGY UNION REPAINT WORKS
AGREEMENT 2015
Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 10 FEBRUARY 2016
Application for approval of the Programmed Property Services and Construction Forestry
Mining and Energy Union Repaint Works Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the

Programmed Property Services and Construction Forestry Mining and Energy Union Repaint
Works 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] On the basis of the material contained in the application and accompanying statutory

declaration, 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] 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 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) and based on the statutory declaration
provided by the organisation, I note that the Agreement covers the organisation.
[2016] FWCA 868
[5] The Agreement was approved on 10 February 2016 and, in accordance with s.54, will

operate from 17 February 2016. The nominal expiry date of the Agreement is 10 February
2019.
DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Property Services, an applicant, applied for the approval of an enterprise agreement, the Programmed Property Services and Construction Forestry Mining and Energy Union Repaint Works Agreement 2015, under section 185 of the Fair Work Act 2009. The Construction, Forestry, Mining and Energy Union, acting as a bargaining representative for the agreement, sought for it to be covered. The application was heard by the Fair Work Commission, specifically by Deputy President Gostencnik, in Melbourne on 10 February 2016.

The court had to decide whether the agreement met all the requirements for approval under sections 186, 187 and 188 of the Fair Work Act 2009. Additionally, the court had to determine whether the agreement met the consultation term prescribed by the Fair Work Regulations 2009. The court also had to confirm whether the agreement would cover the Construction, Forestry, Mining and Energy Union, as required by section 201(2) of the Fair Work Act 2009.

After examining the application and the statutory declaration provided, the Deputy President concluded that all the requirements for approval were met. The court approved the agreement, which will operate from 17 February 2016 and will expire on 10 February 2019. The court noted that the agreement incorporated the model consultation term prescribed by the Fair Work Regulations 2009, and that the Construction, Forestry, Mining and Energy Union had given notice under section 183 of the Fair Work Act 2009 that it wanted the agreement to cover it.

Programmed Property Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established