Programmed Industrial Maintenance Mining Services Pty Ltd T/A Programmed Industrial Maintenance

[2024] FWCA 3097

[2024] FWCA 3097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Industrial Maintenance Mining Services Pty Ltd T/A Programmed Industrial Maintenance

(AG2024/2892)

PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER MINING BLACK COAL SERVICES ENTERPRISE AGREEMENT 2023

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 AUGUST 2024

Application for approval of the Programmed Industrial Maintenance Hunter Mining Black Coal Services Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Hunter Mining Black Coal Services Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

1. Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

1. On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 August 2024. The nominal expiry date of the Agreement is 14 October 2027.

DEPUTY PRESIDENT

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