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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd has applied for the approval of a metals labour hire agreement, which is set to cover the period from 2020 to 2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The key issues before the Commission were the compliance of the agreement with the Fair Work Act 2009, specifically concerning its provisions on wages, conditions, and the process for resolving disputes.

The Commission examined whether the proposed agreement provided adequate protections for workers, including minimum wage rates, leave entitlements, and reasonable working hours. The Commission also considered whether the agreement allowed for the resolution of disputes through a fair and effective process. In its assessment, the Commission took into account submissions from both Programmed Industrial Maintenance and other interested parties, including unions and employer associations. The Commission's decision hinged on whether the agreement offered a fair and reasonable framework for employment conditions while promoting industrial harmony.

After careful consideration of the evidence and submissions, the Commission found that the proposed agreement met the necessary requirements for approval. The agreement was deemed to provide adequate protections for workers and included provisions for resolving disputes in a fair and effective manner. Consequently, the Commission approved the Metals Labour Hire Agreement 2020-2023, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act. The approval reflects the Commission's commitment to facilitating agreements that balance the interests of employers and employees while maintaining industrial peace.

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