DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd
(AG2019/2355)

PROGRAMMED INDUSTRIAL MAINTENANCE ELECTRICAL LABOUR HIRE ENTERPRISE BARGAINING AGREEMENT 2019 - 2022

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the Programmed Industrial Maintenance Electrical Labour Hire Enterprise Bargaining Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Electrical Labour Hire Enterprise Bargaining Agreement 2019 - 2022 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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 of the Act, will operate from 18 September 2019. The nominal expiry date of the Agreement is 1 July 2022.

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 Electrical Labour Hire Enterprise Bargaining Agreement 2019 - 2022. The application was brought under section 234 of the Fair Work Act 2009, which permits the Commission to approve an enterprise bargaining agreement if it is satisfied that the agreement has been fairly negotiated and meets the "better off overall test". The Commission was required to determine whether the agreement met these criteria.

The Commission considered whether the agreement had been fairly negotiated and whether it met the "better off overall test". The applicant argued that the agreement had been fairly negotiated and met the test. The applicant submitted that the agreement had been negotiated in good faith, and that it provided for fair and reasonable terms and conditions of employment. The Commission considered the evidence and submissions provided by the parties and concluded that the agreement had been fairly negotiated and met the "better off overall test". The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it was in the best interests of the employees.

The Commission approved the agreement and made orders under section 235 of the Fair Work Act 2009. The orders provided that the agreement would be registered and would have effect as a registered agreement from the date of registration. The orders also provided that the agreement would be inoperative if any party to the agreement gave the Commission notice in writing that they wished to terminate the agreement. The orders further provided that the agreement would continue in force until it was terminated or until it was replaced by a new agreement. The applicant was ordered to pay the costs of the application.

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