Programmed Industrial Maintenance Pty Ltd

[2023] FWCA 709

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd

(AG2023/388)

Programmed Industrial Maintenance Agreement (Kimberly-Clark Millicent Mill) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 6 MARCH 2023

Application for approval of the Programmed Industrial Maintenance Agreement (Kimberly-Clark Millicent Mill) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Agreement (Kimberly-Clark Millicent Mill) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Programmed Industrial Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd, an employer, applied for approval of the Programmed Industrial Maintenance Agreement (Kimberly-Clark Millicent Mill) Enterprise Agreement 2022. This application was lodged with the Fair Work Commission, which is tasked with assessing the agreement under the Fair Work Act 2009. The agreement in question was negotiated between Programmed Industrial Maintenance Pty Ltd and its employees, aiming to establish terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the 'better off overall test' and whether it contained any terms that were not genuinely agreed upon by the parties. The Commission had to determine if the agreement provided employees with a net benefit compared to the applicable award and if there was genuine negotiation between the parties. Additionally, the Commission examined whether the agreement contained any terms that were procedurally unfair or contrary to public policy.

The Fair Work Commission found that the agreement satisfied the better off overall test, as it provided employees with a net benefit compared to the award, taking into account factors such as wages, leave entitlements, and other employment conditions. The Commission also determined that the agreement was genuinely negotiated between the parties, as evidenced by the process and documentation provided. As a result, the Commission approved the Programmed Industrial Maintenance Agreement (Kimberly-Clark Millicent Mill) Enterprise Agreement 2022.

The Fair Work Commission approved the Programmed Industrial Maintenance Agreement (Kimberly-Clark Millicent Mill) Enterprise Agreement 2022, effective from the date of the Commission's decision. The agreement will now govern the employment conditions of the employees covered by the agreement, subject to the terms and conditions outlined within the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established