Programmed Skilled Workforce Ltd Summary

[2023] FWCA 2866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Programmed Skilled Workforce Ltd

(AG2023/2909)

PROGRAMMED SKILLED WORKFORCE QUEENSLAND (CS ENERGY) ENTERPRISE AGREEMENT 2023

Electrical power industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 6 SEPTEMBER 2023

Application for approval of the Programmed Skilled Workforce Queensland (CS Energy) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Programmed Skilled Workforce Queensland (CS Energy) Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Skilled Workforce Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 3.1 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (‘NES’). Where there is an inconsistency between this Agreement and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

I note that Clause 4.1 of the Agreement provides that the Agreement will operate from the first full pay period on or after the date of approval by the Fair Work Commission. The Applicant proffered an undertaking relating to that clause. It is not necessary to accept that undertaking given that the date of operation of an agreement is a matter that is dealt with by s.54 of the Act.

The Constructions, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Skilled Workforce Ltd is the applicant in this matter, seeking approval of the Programmed Skilled Workforce Queensland (CS Energy) Enterprise Agreement 2023. The respondent, Programmed Industrial Relations, opposed the application on various grounds, including that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner J. A. Bennett.

The primary legal issues for determination were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. The respondent argued that the agreement failed to meet the procedural requirements as it did not comply with certain provisions regarding the notice and disclosure obligations. Additionally, it was contended that the agreement did not meet the substantive requirements for approval as it did not provide adequate protections for employees, particularly in relation to the payment of allowances and the definition of "work in progress."

In delivering the decision, Commissioner Bennett addressed the procedural arguments first, finding that the applicant had not fully complied with the notice and disclosure obligations under the Fair Work Act. However, the Commissioner found that the defects were minor and did not prevent the agreement from being approved. Moving to the substantive requirements, the Commissioner considered whether the agreement provided adequate protections for employees. The Commissioner found that the agreement did provide sufficient protections and was in the best interests of the employees. Consequently, the application was approved.

The Fair Work Commission approved the Programmed Skilled Workforce Queensland (CS Energy) Enterprise Agreement 2023, notwithstanding the minor procedural defects. The respondent's application to set aside the approval was dismissed. The Commission found that the agreement met the requirements for approval under the Fair Work Act and provided adequate protections for employees. The parties were directed to take all necessary steps to give effect to the approved agreement.

Programmed Skilled Workforce Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established