Programmed Industrial Maintenance Pty Ltd

[2021] FWCA 4775

[2021] FWCA 4775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd
(AG2021/5967)

PROGRAMMED INDUSTRIAL MAINTENANCE FISHERMAN ISLANDS (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2021

Stevedoring industry
DEPUTY PRESIDENT CROSS	SYDNEY, 4 AUGUST 2021

Application for approval of the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Fisherman Islands (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 as are relevant to this application for approval have been met.

[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 (MUA) 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 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A