Programmed Industrial Maintenance Pty Ltd

[2025] FWCA 3015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd

(AG2025/2825)

PROGRAMMED INDUSTRIAL MAINTENANCE PTY LTD - LATROBE VALLEY POWER STATIONS AND MINES (AMWU & CFMEU) - ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 5 SEPTEMBER 2025

Application for approval of the Programmed Industrial Maintenance Pty Ltd - Latrobe Valley Power Stations and Mines (AMWU & CFMEU) - Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Pty Ltd - Latrobe Valley Power Stations and Mines (AMWU & CFMEU) - Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Programmed Industrial Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union and the Australian Manufacturing Workers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 5 September 2025 and, in accordance with s.54, will operate from 12 September 2025. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd applied for approval of an enterprise agreement with the Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union. The application was made under the Fair Work Act 2009. The Fair Work Commission heard the matter and had to determine whether the agreement was appropriate for approval. The unions and Programmed Industrial Maintenance Pty Ltd argued that the agreement was fair and appropriate for approval, while objectors contended that the agreement did not meet the requirements of the Act.

The Commission considered whether the agreement was appropriate for approval, focusing on whether it was in the interests of the employees and the employer. The Commission examined the bargaining process, the terms of the agreement, and the submissions of the parties. The Commission found that the agreement was fair and appropriate for approval. The Commission noted that the agreement provided for a structured process for resolving disputes, and that the terms of the agreement were reasonable in all respects.

The Fair Work Commission approved the Programmed Industrial Maintenance Pty Ltd - Latrobe Valley Power Stations and Mines (AMWU & CFMEU) - Enterprise Agreement 2025. The Commission found that the agreement was appropriate for approval and in the interests of the employees and the employer. The Commission noted that the agreement provided for a structured process for resolving disputes, and that the terms of the agreement were reasonable in all respects. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established