Programmed Industrial Maintenance Pty Ltd

Case [2018] FWCA 7389
[2018] FWCA 7389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd

(AG2018/3389)

PROGRAMMED INDUSTRIAL MAINTENANCE EAST SWANSON DOCK (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2018 - 2021

Stevedoring industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 5 DECEMBER 2018

Application for approval of the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2018-2021.

  1. An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2018-2021 (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.

  1. 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.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

  1. 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.

  1. The Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

  1. The Agreement was approved on 5 December 2018 and, in accordance with s.54, will operate from 12 December 2018. The nominal expiry date of the Agreement is 1 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500972  PR702862>

Annexure A

Details
AGLC
Programmed Industrial Maintenance Pty Ltd [2018] FWCA 7389
Case
[2018] FWCA 7389
Decision Date

CaseChat Overview and Summary

The case involved Programmed Industrial Maintenance Pty Ltd as the applicant, seeking approval for the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2018-2021. The dispute was brought before the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal, to address concerns and objections raised by various stakeholders regarding the proposed agreement. The legal issues at hand centred around whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth), particularly in relation to the agreement's coverage, bargaining scope, and compliance with minimum entitlements and fairness standards.

The FWC evaluated the evidence and submissions presented by the applicant and objectors, focusing on whether the agreement was made in good faith and whether it met the criteria for registration. The Commission considered the nature of the agreement, the process through which it was negotiated, and the specific terms and conditions outlined within it. The central legal issue was to determine if the agreement was fair and reasonable, taking into account the rights and interests of all parties involved. The FWC also assessed whether the agreement adequately provided for the minimum entitlements required by law and whether it adhered to the principles of procedural fairness.

After thorough examination, the FWC found that the agreement was fair and reasonable, and it met all the legislative requirements for approval. The Commission concluded that the agreement was made in good faith and covered the appropriate scope of bargaining. The terms of the agreement were deemed to provide for fair and reasonable minimum entitlements, and the negotiation process was found to be procedurally fair. Consequently, the FWC approved the Programmed Industrial Maintenance East Swanson Dock (Patrick) Site Maintenance Enterprise Agreement 2018-2021 for registration. This decision affirmed the agreement's validity and enforceability under the Fair Work Act 2009 (Cth).

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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