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

ANNEXURE A

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2021. The application was opposed by the Maritime Union of Australia. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and provided for the terms and conditions of employment of the employees covered by the agreement in a fair and flexible way.

The Commission noted that the agreement provided for a two-year term, with a provision for early termination by either party giving one month's written notice. The agreement also provided for a minimum wage increase of 2.5% per year and a range of other terms and conditions, including provisions relating to hours of work, leave, and redundancy. The Commission considered whether the agreement provided for the terms and conditions of employment in a fair and flexible way and whether it met the requirements of the Fair Work Act 2009. The Commission found that the agreement met these requirements and approved the agreement.

The Commission found that the agreement provided for a fair and flexible set of terms and conditions for the employees covered by the agreement and that it met the requirements of the Fair Work Act 2009. The Commission approved the agreement, which will now be binding on the parties and their employees. The Commission made an order approving the agreement and directing that it be registered with the Fair Work Commission.

Programmed Industrial Maintenance Pty Ltd

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established