Programmed Industrial Maintenance Pty Ltd
[2024] FWCA 2521
•8 JULY 2024
| [2024] FWCA 2521 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Programmed Industrial Maintenance Pty Ltd
(AG2024/2314)
PROGRAMMED INDUSTRIAL MAINTENANCE PTY LTD – LATROBE VALLEY POWER STATIONS AND MINES (AMWU & CFMEU) – ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 8 JULY 2024 |
Application for approval of the Programmed Industrial Maintenance Pty Ltd – Latrobe Valley Power Stations and Mines (AMWU & CFMEU) – Enterprise Agreement 2024
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 2024 (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 Applicant). The Agreement is a greenfields enterprise agreement.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
The Agreement does not a consultation term. Pursuant to section 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.
I note that Clause 6.2 of the Agreement provides that the National Employment Standards (NES) will continue to apply to the extent that any term of this Agreement is detrimental in any respect when compared with the NES.
The Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) and the Australian Manufacturing Workers Union (AMWU) each lodged a Form F21 statutory declaration as required by Rule 33(4) of the Fair Work Commission Rules 2024.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
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