Programmed Industrial Maintenance Pty Ltd Summary

[2023] FWCA 2071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd

(AG2023/2146)

PROGRAMMED INDUSTRIAL MAINTENANCE VICTORIA ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2022

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 6 JULY 2023

Application for approval of the Programmed Industrial Maintenance Victoria Electrical Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Victoria Electrical Services Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Electrical Trades union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 13 July 2023. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd applied for approval of the Programmed Industrial Maintenance Victoria Electrical Services Enterprise Agreement 2022. The applicant, being an employer, and the Electrical Trades Union of Australia, being an employee representative, were parties to the agreement. The Fair Work Commission was the body responsible for hearing and determining the application.

The Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009. In particular, it needed to assess whether the agreement contained the minimum terms and conditions that must be provided to employees in the specified industry. The Commission also had to consider whether the agreement had been made in accordance with the procedural requirements of the Act.

The Commission held that the agreement contained all of the required minimum terms and conditions and that it had been made in accordance with the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Commission also found that the agreement had been made through a proper process, with both parties having an opportunity to negotiate and reach an agreement. The Commission approved the agreement, and its terms and conditions became binding on the parties and their employees.

Programmed Industrial Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established