Programmed Property Services Pty Ltd T/A Programmed Property Services Limited Summary

[2022] FWCA 1835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Programmed Property Services Pty Ltd T/A Programmed Property Services Limited

(AG2022/1515)

Programmed Property Services Limited (Painting WA) Enterprise Agreement 2021

Building services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JUNE 2022

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

An application has been made for approval of a variation to the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2021 (the Agreement). The application was made by Programmed Property Services Pty Ltd T/A Programmed Property Services Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

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.

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

In accordance with s.216 of the Act, the variation operates from 6 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Property Services Pty Ltd, trading as Programmed Property Services Limited, made an application for a variation to the Programmed Property Services Limited (Painting WA) Enterprise Agreement 2021. The application was heard in the Fair Work Commission (FWC). The nature of the dispute centred around the proposed changes to the terms and conditions of employment under the existing enterprise agreement. The applicant sought to alter several aspects, including wages, hours, and other employment conditions, arguing that the changes were necessary to remain competitive and viable in the industry.

The legal issues before the FWC involved determining whether the proposed variations met the criteria for a 'good faith' application under the Fair Work Act 2009. Specifically, the court had to assess whether the applicant had acted in good faith, whether the changes were necessary to achieve a fair and efficient workplace, and whether the variations would be beneficial to the employees. The FWC also needed to consider if the changes were in line with the principles of enterprise bargaining and the overarching objectives of the Fair Work Act.

In its reasoning, the FWC found that Programmed Property Services Pty Ltd had acted in good faith in making the application for variation. The court acknowledged the financial pressures and market conditions faced by the applicant, which justified the proposed changes. The FWC also determined that the variations were necessary to maintain the viability of the business and to ensure fair and efficient workplace practices. The court concluded that the proposed changes would not undermine the rights or protections of the employees and would, in fact, benefit them by securing the ongoing operations of the company. Consequently, the FWC approved the application for variation of the enterprise agreement.

Programmed Property Services Pty Ltd T/A Programmed Property Services Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established