Programmed Turnpoint Pty Ltd

[2014] FWCA 715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Turnpoint Pty Ltd
(AG2013/10411)

PROGRAMMED TURNPOINT PTY LTD ENTERPRISE AGREEMENT 2013

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2014

Application for approval of the Programmed Turnpoint Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Turnpoint Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Turnpoint Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2014. The nominal expiry date of the Agreement is 5 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Turnpoint Pty Ltd, the employer, sought approval of an enterprise agreement with the Electrical Trades Union of Australia, the union. The dispute arose when the union objected to the employer's application for approval of the agreement under the Fair Work Act 2009. The Fair Work Commission heard the matter, focusing on whether the agreement met the criteria for approval, including the requirement for it to provide for "the efficient, productive and harmonious running of the employer’s enterprise".

The legal issues before the Commission were whether the proposed agreement was appropriately bargained, met the procedural requirements for approval, and provided for the efficient, productive, and harmonious running of the employer's enterprise. The union's objections centred on various provisions within the agreement, including those relating to the definition of "employee", the classification of certain workers, and specific terms and conditions of employment.

The Commission found that the agreement had been appropriately bargained and met the procedural requirements for approval. It considered the arguments presented by both parties and examined the terms of the agreement. The Commission concluded that the agreement provided for the efficient, productive, and harmonious running of the employer's enterprise, as it contained provisions that facilitated a cooperative workplace and addressed the needs of both the employer and the employees. The union's objections were dismissed, and the agreement was approved.

The Fair Work Commission approved the Programmed Turnpoint Pty Ltd Enterprise Agreement 2013, finding that it met the necessary criteria for approval and provided for the efficient, productive, and harmonious running of the employer's enterprise. The union's objections were dismissed, and the agreement was approved, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established