DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Property Services Pty Ltd
(AG2018/5524)

PROGRAMMED PROPERTY SERVICES LIMTED (PAINTING WA) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MARCH 2019

Application for approval of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Property Services Pty Ltd applied to the Fair Work Commission for approval of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2018. The application was opposed by the Fair Work Union. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 for registration, specifically if it facilitated, promoted, or improved the efficiency of the workplace.

The court had to determine whether the agreement provided for minimum rates of pay, reasonable additional benefits, and reasonable terms and conditions. It also needed to consider if the agreement was made in good faith and whether it promoted high-quality jobs and workplace relations. Furthermore, the court had to assess if the agreement contained provisions that were contrary to public policy or were not in the best interests of the employees.

The Fair Work Commission held that the agreement met the requirements for registration. It found that the agreement provided for minimum rates of pay and reasonable additional benefits. The court also determined that the agreement had been made in good faith and promoted high-quality jobs and workplace relations. The court found that the agreement did not contain any provisions that were contrary to public policy or not in the best interests of the employees.

The Commission approved the agreement, and it was registered on the Register of Approved Agreements.

Programmed Property Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established