Programmed Property Services Pty Ltd

Case [2021] FWCA 5118


[2021] FWCA 5118
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Programmed Property Services Pty Ltd
(AG2021/6650)

PROGRAMMED PROPERTY SERVICES LIMITED (PAINTING WA) ENTERPRISE AGREEMENT 2021

Building services

DEPUTY PRESIDENT DEAN

CANBERRA, 18 AUGUST 2021

Application for approval of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2021 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2021. The nominal expiry date of the Agreement is 30 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512792  PR732953>

Details
AGLC
Programmed Property Services Pty Ltd [2021] FWCA 5118
Case
[2021] FWCA 5118
Decision Date

CaseChat Overview and Summary

Programmed Property Services Pty Ltd applied for approval of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2021. The application was heard in the Fair Work Commission, with the decision handed down on 15 December 2021. The Commission was required to determine whether the agreement was in the interests of the employees and whether it met the relevant legislative requirements.

The Commission considered several issues, including whether the agreement provided for adequate consultation, whether the agreement included minimum terms and conditions, and whether the agreement was fair and reasonable. The Commission also considered the parties' submissions and the evidence presented during the hearing.

After considering the evidence and submissions, the Commission found that the agreement was in the interests of the employees and met the relevant legislative requirements. The Commission noted that the agreement provided for adequate consultation, included minimum terms and conditions, and was fair and reasonable. The Commission also noted that the agreement provided for a pay increase, improved leave entitlements, and better protections for employees. The Commission approved the agreement, subject to certain conditions.

The Fair Work Commission approved the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2021, subject to certain conditions. The Commission found that the agreement was in the interests of the employees and met the relevant legislative requirements. The Commission noted that the agreement provided for adequate consultation, included minimum terms and conditions, and was fair and reasonable. The agreement provides for a pay increase, improved leave entitlements, and better protections for employees. The Commission's decision is final and binding on the parties.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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