DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Property Services Limited
(AG2019/3374)

PROGRAMMED PROPERTY SERVICES AND CONSTRUCTION FORESTRY MINING AND ENERGY UNION REPAINT WORKS AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Programmed Property Services and Construction Forestry Mining and Energy Union Repaint Works Agreement 2019.

[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 2019 (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 Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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. 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.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement was approved on 18 September 2019 and, in accordance with s.54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 17 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Property Services Limited was before the Fair Work Commission, in this case seeking approval for a Repaint Works Agreement 2019 with the Construction Forestry Mining and Energy Union. The company sought to finalise an enterprise agreement that would govern the terms and conditions of employment for its employees covered by the agreement. The union contested certain aspects of the proposed agreement, leading to the need for judicial review by the Commission.

The primary legal issues revolved around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the 'better off overall test', ensuring employees would not be worse off financially compared to their previous terms of employment. Additionally, the court assessed if the agreement adequately covered all required provisions, such as minimum wage rates, leave entitlements, and other standard terms and conditions.

In reaching its decision, the Commission found that the agreement substantially complied with the requirements of the Fair Work Act. It was deemed to be fair and reasonable, meeting the better off overall test for the majority of employees. The Commission also noted that while some minor issues were raised by the union, these did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the Repaint Works Agreement 2019.

The Fair Work Commission granted approval for the Repaint Works Agreement 2019, subject to certain conditions designed to ensure continued compliance with the Fair Work Act. The agreement is now in force, governing the employment terms for the relevant employees of Programmed Property Services Limited.

Programmed Property Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established