| [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
Printed by authority of the Commonwealth Government Printer
<AE525346 PR776785>
- AGLC
- Programmed Industrial Maintenance Pty Ltd [2024] FWCA 2521
- Case
- [2024] FWCA 2521
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC centred on whether the proposed enterprise agreement met the criteria set out in the Fair Work Act, particularly the requirement for the agreement to be "better off overall" for the employees. The unions argued that the agreement did not sufficiently protect the employees' entitlements and conditions. PIM contended that the agreement was fair and balanced, providing necessary flexibility for the business while maintaining adequate protections for the workforce.
In determining the matter, Deputy President K T Smith examined the evidence and submissions from both parties. The Deputy President found that the proposed agreement provided for a fair and reasonable balance of rights and obligations, and that it met the "better off overall" test. The Deputy President approved the enterprise agreement, noting that it provided for reasonable changes in working arrangements, while ensuring that employees were not disadvantaged. The unions' application to set aside the approval was dismissed.
The final orders of the FWC included the approval of the Programmed Industrial Maintenance Pty Ltd – Latrobe Valley Power Stations and Mines (AMWU & CFMEU) – Enterprise Agreement 2024. The unions' application to set aside the approval was dismissed. The decision is a significant outcome for both parties, providing a clear framework for the terms and conditions of employment in the Latrobe Valley Power Stations and Mines sector.
Orders
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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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