Programmed Property Services Limited T/A Programmed Property Services Limited

[2024] FWCA 3835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Property Services Limited T/A Programmed Property Services Limited

(AG2024/3677)

PROGRAMMED PROPERTY SERVICES LIMITED (PAINTING SA & NT) ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER SCHNEIDER	PERTH, 1 NOVEMBER 2024

Application for approval of the Programmed Property Services Limited (Painting SA & NT) Enterprise Agreement 2024

Programmed Property Services Limited T/A Programmed Property Services Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Programmed Property Services Limited (Painting SA & NT) Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 November 2024. The nominal expiry date of the Agreement is 8 November 2027.

COMMISSIONER

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CaseChat Overview and Summary

Programmed Property Services Limited, trading as Programmed Property Services Limited, sought approval of the Programmed Property Services Limited (Painting SA & NT) Enterprise Agreement 2024 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009. The primary nature of the dispute was whether the proposed enterprise agreement met the requirements for registration and approval under the Act.

The legal issues that the court had to address included whether the agreement was a genuine enterprise agreement, if it provided for the mandatory terms set out in the Fair Work Act, and if it was procedurally valid. The court also had to consider whether the agreement met the criteria for modern awards and if it contained any terms that were contrary to public policy.

The Fair Work Commission found that the proposed enterprise agreement was procedurally valid and genuinely negotiated. It was concluded that the agreement provided for all the mandatory terms required by the Act, including provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also determined that the agreement did not contain any terms that were contrary to public policy. As such, the Fair Work Commission approved the Programmed Property Services Limited (Painting SA & NT) Enterprise Agreement 2024 for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established