Programmed Industrial Maintenance Pty Ltd

[2020] FWCA 1105

[2020] FWCA 1105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd
(AG2020/286)

PROGRAMMED INDUSTRIAL MAINTENANCE PTY LTD METALS LABOUR HIRE AGREEMENT 2020 -2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the Programmed Industrial Maintenance Pty Ltd Metals Labour Hire Agreement 2020 -2023.

[1] Programmed Industrial Maintenance Pty Ltd has applied for approval of a single enterprise agreement known as the Programmed Industrial Maintenance Pty Ltd Metals Labour Hire Agreement 2020 -2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct an error in the original application, by filing an amended Agreement signature page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 6.3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, amended Agreement signature page and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 28 February 2020 and, in accordance with s.54, will operate from 6 March 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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