Programmed Industrial Maintenance Pty Ltd

[2023] FWCA 1750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd

(AG2023/1676)

PROGRAMMED INDUSTRIAL MAINTENANCE FREMANTLE (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2022

Stevedoring industry
COMMISSIONER YILMAZ	MELBOURNE, 16 JUNE 2023

Application for approval of the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance 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 Construction, Forestry, Maritime, Mining and Energy 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 23 June 2023. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER
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CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2022. The agreement aimed to establish terms and conditions of employment for employees working at the Patrick site in Fremantle, Western Australia. The application was made under section 234 of the Fair Work Act 2009, and the Fair Work Commission was required to decide if the agreement met the criteria for approval as a low-paid, low-paid industry or safety critical work agreement.

The key legal issue for the Commission was whether the agreement met the necessary criteria for approval, including whether it complied with the procedural fairness requirements of section 231 of the Fair Work Act. The Commission also had to consider if the agreement provided for a fair and efficient resolution of workplace disputes, and whether it adequately protected the rights of employees.

The Commission found that the agreement was procedurally sound and met the criteria for approval. It was concluded that the agreement provided for fair and efficient resolution of workplace disputes and adequately protected the rights of employees. The agreement also met the requirements of section 231 of the Fair Work Act, as it was made in good faith and without coercion. The Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Commission made an order approving the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2022. The order specified the terms and conditions of the agreement and the effective date of the approval. The approval was subject to the agreement being registered with the Australian Industrial Registry, as required by section 235 of the Fair Work Act. The decision was made on the basis of the evidence presented to the Commission and the arguments advanced by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established