Programmed Industrial Maintenance Mining Services T/A Programmed Industrial Maintenance

[2019] FWCA 7134

[2019] FWCA 7134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Mining Services T/A Programmed Industrial Maintenance
(AG2019/3381)

PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER MINING BLACK COAL SERVICES ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 OCTOBER 2019

Application for approval of the Programmed Industrial Maintenance Hunter Mining Black Coal Services Enterprise Agreement 2019.

[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 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 14 October 2023.

DEPUTY PRESIDENT

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Annexure A