Programmed Industrial Maintenance Pty Ltd Summary

[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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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Programmed Industrial Maintenance Pty Ltd for approval of the Programmed Industrial Maintenance South Australia and Northern Territory Enterprise Agreement 2021. The primary dispute centred around the terms and conditions of employment outlined in the proposed agreement, which was to govern the relationship between the employer and the employees within specified geographical regions. The Commission was tasked with determining whether the agreement complied with relevant statutory requirements and whether it was in the best interests of the employees.

The legal issues that the Commission had to resolve included whether the agreement contained all the mandatory terms required by the Fair Work Act 2009, whether the agreement was made in good faith and whether the agreement would provide fair and reasonable terms for the employees. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' existing conditions of employment and that it adhered to the principles of procedural fairness.

In its decision, the Commission examined the provisions of the proposed agreement and considered submissions from both the employer and the employees. The Commission found that the agreement met the statutory requirements, contained all the necessary mandatory terms, and was made in good faith. It was also concluded that the agreement provided fair and reasonable terms for the employees and did not adversely affect their existing conditions. Furthermore, the Commission was satisfied that the process leading to the agreement was procedurally fair. Therefore, the Commission approved the agreement, stating that it was in the best interests of the employees.

The Commission's final orders included the approval of the Programmed Industrial Maintenance South Australia and Northern Territory Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees in South Australia and the Northern Territory.

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