DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Property Services Limited
(AG2019/3372)

PROGRAMMED MAINTENANCE SERVICES LIMITED GROUNDS VICTORIA MANAGEMENT EMPLOYEE COLLECTIVE AGREEMENT 2019

Gardening services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2019.

[1] Programmed Property Services Limited (the Employer) has made an application for approval of an enterprise agreement known as the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 Agreement was approved on 26 November 2019 and, in accordance with s 54, will operate from 3 December 2019. The nominal expiry date of the Agreement is 26 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Property Services Limited applied to the Fair Work Commission for approval of the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2019. The Fair Work Commission was required to consider whether the agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the interests of the employees and employers. The applicant argued that the agreement provided for fair and reasonable terms and conditions and was in the interests of the employees and employers. The applicant further argued that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it complied with all relevant provisions of the Fair Work Act.

The Commission found that the agreement provided for fair and reasonable terms and conditions and was in the interests of the employees and employers. The Commission was satisfied that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it complied with all relevant provisions of the Fair Work Act. The Commission noted that the agreement provided for a number of benefits to employees, including a 10% increase in base rates of pay over four years, increased allowances and penalties, and improved leave entitlements. The Commission also noted that the agreement provided for a number of benefits to employers, including increased flexibility in rostering and the ability to outsource certain functions. The Commission was satisfied that the agreement was in the interests of both employees and employers, and that it provided for a fair and reasonable balance of rights and obligations between the parties. The Commission approved the agreement.

The Commission approved the Programmed Maintenance Services Limited Grounds Victoria Management Employee Collective Agreement 2019, finding that it provided for fair and reasonable terms and conditions and was in the interests of the employees and employers. The Commission noted that the agreement provided for a number of benefits to employees and employers, and that it provided for a fair and reasonable balance of rights and obligations between the parties. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act, and that it was in the interests of the employees and employers.

Programmed Property Services Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established