Programmed Industrial Maintenance Pty Ltd
[2022] FWCA 534
•17 FEBRUARY 2022
| [2022] FWCA 534 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Programmed Industrial Maintenance Pty Ltd
(AG2022/147)
Programmed Industrial Maintenance South Australia and Northern Territory Enterprise Agreement 2021
| Manufacturing and associated industries | |
| COMMISSIONER PLATT | ADELAIDE, 17 FEBRUARY 2022 |
Application for approval of the Programmed Industrial Maintenance South Australia and Northern Territory Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance South Australia and Northern Territory Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Programmed Industrial Maintenance Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 15 February 2022 and was determined on the papers.
The Applicant has submitted an undertaking in the required form dated 16 February 2022. The undertaking deals with the following topics:
· The minimum hourly rates of pay for both permanent employees and casual employees has been increased to ensure that the Agreement passes the better off overall test (BOOT). The amended rates, which apply in lieu of those set out in Appendix B of the Agreement, can be seen in the undertakings which are attached to the Agreement.
· Clause 17 of the Mining Industry Award 2020 will be taken to a be a term of the Agreement and will be applied where annualised or flat rates of pay are applied.
· An “Afternoon Shift” will be defined as “any shift finishing after 6:00pm and at or before midnight”. This definition will apply in lieu of the definition at clause 1.1 of the Agreement.
No bargaining representatives were appointed.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 February 2026.
COMMISSIONER
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