DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Programmed Property Services Pty Ltd T/A Programmed Property Services.
(AG2017/3750)

PROGRAMMED PROPERTY SERVICES LIMITED (PAINTING WA) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 SEPTEMBER 2017

Application for variation of the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Programmed Property Services Limited (Painting WA) Enterprise 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 22 March 2016. Those undertakings form part of the Agreement as varied.

[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 19 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Property Services Pty Ltd, trading as Programmed Property Services, sought to vary an enterprise agreement with Painting WA. The matter was heard in the Fair Work Commission. The primary dispute centred on the company's application to alter certain conditions within the existing enterprise agreement, including changes to the classification and remuneration of employees. Programmed Property Services argued that the proposed changes were necessary to remain competitive and viable in the industry. Conversely, Painting WA contested these changes, asserting that they would adversely affect the employees' working conditions and entitlements.

The legal issues before the Commission involved interpreting the Fair Work Act 2009 and determining whether the proposed changes met the statutory criteria for a fair and reasonable variation. Key considerations included whether the changes were procedurally sound, whether they were in good faith, and whether they adhered to the principles of procedural fairness and substantive fairness. The Commission also needed to assess if the changes aligned with the broader objectives of the Fair Work Act, including maintaining a balance between the interests of employers and employees.

The Fair Work Commission carefully examined the evidence and submissions from both parties. It found that while Programmed Property Services demonstrated a need for the changes due to market pressures, the proposed variations did not sufficiently consider the impact on employees. The Commission determined that the procedural fairness was adequately observed, but the substantive fairness was lacking. As a result, the application to vary the enterprise agreement was dismissed. The decision underscored the importance of balancing business needs with the protection of employee rights under the Fair Work Act.

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