Programmed Property Services Limited T/A Programmed Property Services Limited

[2024] FWCA 195

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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