Programmed Industrial Maintenance Pty Ltd

[2024] FWCA 1079

[2024] FWCA 1079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Programmed Industrial Maintenance Pty Ltd

(AG2024/744)

PROGRAMMED INDUSTRIAL MAINTENANCE FISHERMAN ISLANDS (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2024

Stevedoring industry
COMMISSIONER DURHAM	BRISBANE, 2 APRIL 2024

Application for approval of the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance 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 single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a model consultation term compliant with the Act. 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.

1. On 25 March 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 16.3(a)(i)(vi). I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The Maritime Union of Australia Division of the Construction, Forestry and Maritime Employees Union (CFMEU-MUA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU-MUA.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

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