DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd
(AG2021/6537)

PROGRAMMED INDUSTRIAL MAINTENANCE EAST SWANSON DOCK (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2021

Stevedoring industry
COMMISSIONER YILMAZ	MELBOURNE, 17 AUGUST 2021

Application for approval of the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Industrial Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Maritime Union of Australia 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 24 August 2021. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2021. The application was contested by the Maritime Union of Australia. The case concerned the terms of a proposed enterprise agreement affecting employees at the East Swanson Dock (Patrick) site. The primary dispute centred on whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009.

The court was required to determine whether the agreement contained terms that complied with the mandatory requirements of the Act, including the "better off overall test" and whether the agreement was fairly negotiated. The court also had to assess whether the agreement provided for proper consultation and information processes as required by the Act. Additionally, the court examined whether the proposed agreement addressed the specific needs of the employees and whether the terms were reasonable in all circumstances.

The Fair Work Commission concluded that the agreement satisfied the mandatory requirements of the Fair Work Act 2009. The Commission found that the agreement was fairly negotiated and that proper consultation and information processes had been followed. The Commission also determined that the agreement was "better off overall" for the employees, meeting the statutory test. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all circumstances. The court's approval was granted, and the agreement was registered under the Act.

Programmed Industrial Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established