| [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
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.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
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.
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.
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.
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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- AGLC
- Programmed Industrial Maintenance Pty Ltd [2024] FWCA 1079
- Case
- [2024] FWCA 1079
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the agreement contained all the mandated terms and conditions as stipulated by the Act and whether it was made in good faith. The Commission considered the procedural fairness of the negotiation process and whether the agreement reflected a genuine attempt to reach a negotiated settlement. Additionally, the Commission assessed whether the agreement met the criteria for "better off overall" for the employees involved.
The Commission found that the agreement did include all the required terms and conditions and was made in good faith. It determined that the negotiation process was procedurally fair and that the agreement represented a genuine effort to reach a negotiated settlement. Furthermore, the Commission concluded that the agreement provided employees with outcomes that were at least as good as their previous conditions of employment. Consequently, the Commission approved the agreement.
The Fair Work Commission approved the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2024, finding it met all statutory requirements under the Fair Work Act 2009. The agreement was certified as it contained all mandated terms, was made in good faith, and provided employees with at least as good as their previous conditions.
Orders
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Background
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Evidence
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