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

[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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Industrial Maintenance Mining Services Pty Ltd, trading as Programmed Industrial Maintenance, applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance Hunter Mining Black Coal Services Enterprise Agreement 2023. The applicant sought to have the agreement approved as a new, single-enterprise agreement, replacing existing agreements. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, the union representing the employees.

The legal issues before the commission included whether the agreement met the requirements of the Fair Work Act 2009, including the necessity for good faith bargaining, and whether the agreement provided fair and reasonable terms for the employees. Additionally, the commission had to consider whether the agreement met the specific requirements for a single-enterprise agreement, such as covering a specific group of employees within the organisation.

The commission examined the process of bargaining and the terms of the proposed agreement. It found that the applicant had engaged in good faith bargaining with the union, and the agreement provided fair and reasonable terms for the employees. The commission noted that the agreement covered a specific group of employees and met the requirements for a single-enterprise agreement. As such, the commission approved the application and authorised the agreement as a new, single-enterprise agreement.

In conclusion, the Fair Work Commission approved the Programmed Industrial Maintenance Hunter Mining Black Coal Services Enterprise Agreement 2023, finding it to be a fair and reasonable agreement that met the requirements of the Fair Work Act 2009. The commission found that the applicant had engaged in good faith bargaining with the union and that the agreement met the requirements for a single-enterprise agreement. The agreement is now in effect, replacing the existing agreements for the relevant group of employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established