Programmed Property Services Limited

[2019] FWCA 6527

[2019] FWCA 6527

FAIR WORK COMMISSION

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

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Annexure A