Programmed Property Services Limited T/A Programmed Property Services Limited

[2024] FWCA 195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Property Services Limited T/A Programmed Property Services Limited

(AG2023/5244)

PROGRAMMED PROPERTY SERVICES LIMITED GROUNDS VICTORIA MANAGEMENT EMPLOYEE COLLECTIVE AGREEMENT 2023

Gardening services
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2024

Application for approval of the Programmed Property Services Limited Grounds Victoria Management Employee Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the Programmed Property Services Limited Grounds Victoria Management Employee Collective Agreement 2023 (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 T/A Programmed Property Services Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers' 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.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 13.1 - Annual Leave.

However, noting clause 4(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2024. The nominal expiry date of the Agreement is 25 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Property Services Limited sought approval of the Programmed Property Services Limited Grounds Victoria Management Employee Collective Agreement 2023, which was submitted to the Fair Work Commission. The case involved the application of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission had to determine whether the agreement met the requirements under the Fair Work Act, including provisions for fair and reasonable terms, and whether it complied with the Fair Work (Registered Organisations) Act.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions for employees, and whether it was consistent with the objects of the Fair Work Act. The Commission also had to consider whether the agreement complied with the statutory requirements set out in the Fair Work (Registered Organisations) Act, including the necessity of registration and the appropriateness of the bargaining arrangements. The Commission examined the submissions made by both the applicant and the registered organisation involved, as well as any other relevant stakeholders.

After considering the arguments and evidence presented, the Fair Work Commission determined that the Programmed Property Services Limited Grounds Victoria Management Employee Collective Agreement 2023 met the necessary criteria. The Commission concluded that the agreement was fair and reasonable, and it complied with the statutory requirements under the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission approved the agreement, acknowledging its alignment with the legislative objectives and its suitability for the employees involved.

The Fair Work Commission approved the Programmed Property Services Limited Grounds Victoria Management Employee Collective Agreement 2023, effective from the date of the decision. This approval ensures that the agreement will serve as a binding framework for the employment terms and conditions of the employees covered by the agreement, providing them with a fair and reasonable basis for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established