DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd T/A Programmed
(AG2016/7236)

PROGRAMMED INDUSTRIAL MAINTENANCE PTY LTD METALS LABOUR HIRE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Programmed Industrial Maintenance Pty Ltd Metals Labour Hire Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Pty Ltd Metals Labour Hire Agreement 2016 - 2019 (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 T/A Programmed. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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 organisations.

[6] The Agreement was approved on 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd T/A Programmed applied to the Fair Work Commission for the approval of a new enterprise agreement, the Programmed Industrial Maintenance Pty Ltd Metals Labour Hire Agreement 2016 - 2019. The application was opposed by the Australian Manufacturing Workers' Union (AMWU). The Fair Work Commission was required to decide whether the agreement was suitable for approval. The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The Commission examined the provisions of the agreement, including the definition of employees, the classification of roles, wage rates, and the dispute resolution process. The Commission also considered submissions from the AMWU and Programmed regarding the fairness and reasonableness of the agreement's terms.

The Commission found that the agreement was suitable for approval. It determined that the agreement contained the necessary mandatory terms and conditions required by the Fair Work Act 2009. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions, taking into account the interests of both employees and the employer. The Commission also found that the agreement's provisions were consistent with the principles of good faith bargaining and did not result in any significant detriment to employees. Consequently, the Fair Work Commission approved the Programmed Industrial Maintenance Pty Ltd Metals Labour Hire Agreement 2016 - 2019.

Programmed Industrial Maintenance Pty Ltd T/A Programmed

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established