DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Maintenance Services
(AG2015/5329)

INDEPENDENT MAINTENANCE SERVICES (ORIGIN ENERGY LANG LANG) AMWU MECHANICAL MAINTENANCE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Independent Maintenance Services (Origin Energy Lang Lang) AMWU Mechanical Maintenance Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Independent Maintenance Services (Origin Energy Lang Lang) AMWU Mechanical Maintenance Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Maintenance Services. 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 Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Independent Maintenance Services sought approval of the Independent Maintenance Services (Origin Energy Lang Lang) AMWU Mechanical Maintenance Agreement 2015-2018. The applicant, a company involved in mechanical maintenance services, entered into an enterprise agreement with the Australian Manufacturing Workers’ Union (AMWU) on behalf of its employees. The AMWU is a registered trade union and sought to have the agreement approved by the Fair Work Commission.

The legal issues before the court centred on whether the agreement was in the best interests of the employees, complied with the Fair Work Act 2009, and was made in good faith. The applicant argued that the agreement was fair and reasonable, while the AMWU contended that the agreement was necessary to address workplace issues and improve working conditions. The court had to consider the provisions of the agreement, the bargaining process, and the interests of the employees.

The court found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court also found that the agreement complied with the Fair Work Act 2009 and was made in good faith. The court noted that the agreement addressed several workplace issues, including pay rates, leave entitlements, and working hours. The court was satisfied that the agreement was fair and reasonable and approved the application.

The court made an order approving the Independent Maintenance Services (Origin Energy Lang Lang) AMWU Mechanical Maintenance Agreement 2015-2018. The agreement was to be registered and would be in effect from the date of the order. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court also noted that the agreement complied with the Fair Work Act 2009 and was made in good faith.

Independent Maintenance Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established