DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Programmed Property Services Pty Ltd T/A Programmed Property Services
(AG2018/880)

PROGRAMMED PROPERTY SERVICES AND CONSTRUCTION FORESTRY MINING AND ENERGY UNION REPAINT WORKS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 JULY 2018

Application for variation of the Programmed Property Services and Construction Forestry Mining and Energy Union Repaint Works Agreement 2015.

[1] An application has been made for approval of a variation to the Programmed Property Services and Construction Forestry Mining and Energy Union Repaint Works Agreement 2015 (the Agreement). The application was made by Programmed Property Services Pty Ltd T/A Programmed Property Services pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 2 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Property Services Pty Ltd, trading as Programmed Property Services, applied to the Fair Work Commission for a variation of the Programmed Property Services and Construction Forestry Mining and Energy Union Repaint Works Agreement 2015. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable in the context of the workplace and the industry. The application focused on modifying the agreement to address evolving work practices and conditions, which had arisen due to changes in the industry landscape and the introduction of new technologies.

The central legal issue before the Commission was whether the proposed changes to the agreement were fair and reasonable. The Commission needed to assess whether the changes would maintain a balance between the interests of the employer and the employees, ensuring that the modifications would not adversely affect the employees' terms and conditions of employment. The Commission also had to consider whether the changes were necessary to maintain the competitiveness of the employer within the industry and to reflect the changing nature of the work environment.

In examining the application, the Commission considered the broader context of the industry, the specific changes proposed by Programmed Property Services, and the impact these changes would have on the employees. The Commission concluded that the proposed changes were fair and reasonable, as they aligned with industry standards and reflected the current practices within the sector. The changes were deemed necessary to ensure that the employer could continue to operate competitively and efficiently. Consequently, the Commission approved the variation of the agreement, allowing the changes to be implemented.

Programmed Property Services Pty Ltd T/A Programmed Property Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established