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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Industrial Maintenance Mining Services Trading as Programmed Industrial Maintenance applied for approval of the Programmed Industrial Maintenance Hunter Mining Black Coal Services Enterprise Agreement 2019. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The Commission was required to determine whether the agreement met the "better off overall test" (BOOT) in section 234(e) of the Fair Work Act. The Commission also had to decide if the agreement complied with the good faith bargaining and "no disbenefit" requirements in sections 233 and 234 of the Act. Further, the Commission had to be satisfied that the agreement was appropriately certified by a relevant independent certifier.

The Commission found that the agreement was made in good faith, met the BOOT, and did not result in any party being worse off. The Commission also held that the agreement complied with all relevant provisions of the Act. The agreement was therefore approved, subject to certain conditions. These included the publication of the agreement and the implementation of a dispute resolution procedure.

The Commission ordered that the agreement be registered and that it would come into effect on the date of the Commission's decision. The Commission also ordered that the agreement be published and that a dispute resolution procedure be implemented.

Programmed Industrial Maintenance Mining Services T/A Programmed Industrial Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established