Programmed Property Services Limited T/A Programmed Property Services Limited
[2024] FWCA 2325
•21 JUNE 2024
| [2024] FWCA 2325 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Programmed Property Services Limited T/A Programmed Property Services Limited
(AG2024/1835)
PROGRAMMED PROPERTY SERVICES LIMITED (PAINTING WA) ENTERPRISE AGREEMENT 2024
| Building services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 21 JUNE 2024 |
Application for approval of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Programmed Property Services Limited T/A Programmed Property Services Limited (Employer). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) issued by the Employer incorrectly refers to the year “2021” in the title of the Agreement rather than the year “2024”. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that this constitutes a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.
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 that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
Clause 23.3 of the Agreement provides for compassionate leave, however is silent in relation to the entitlement in circumstances where the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. This appears to be inconsistent with s 104(1)(c) of the Act. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 28 June 2024. The nominal expiry date of the Agreement is 30 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525153 PR776304>
Annexure A
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