DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance
(AG2019/2996)

PROGRAMMED INDUSTRIAL MAINTENANCE WA ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2019

Application for approval of the Programmed Industrial Maintenance WA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance WA Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2019. The nominal expiry date of the Agreement is 8 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd, trading as Programmed Industrial Maintenance, applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance WA Enterprise Agreement 2019. The primary dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant sought to have the agreement certified as a single, simple, and streamlined enterprise agreement, covering a wide range of employees across various roles within the organisation.

The central legal issues before the Commission were whether the agreement provided for a single, simple, and streamlined enterprise agreement, as defined in the Act, and whether the agreement was in the best interests of the employees. The applicant argued that the agreement met these criteria as it streamlined the existing multiple agreements and was beneficial to employees by providing consistent terms and conditions. The Commission had to consider if the agreement adequately covered all employees, maintained or improved upon their existing terms and conditions, and was free from any unfair or discriminatory provisions.

The Commission examined the agreement in detail, assessing whether it complied with the requirements of the Act. It found that the agreement was indeed a single, simple, and streamlined enterprise agreement, as it replaced multiple agreements with a unified document. The Commission also determined that the agreement was in the best interests of the employees, as it provided clearer terms and conditions and maintained or improved upon their existing entitlements. Consequently, the Commission approved the agreement, recognising its benefits in terms of simplicity and clarity for the employees.

The final orders of the Commission included the approval of the Programmed Industrial Maintenance WA Enterprise Agreement 2019, effective from the date of the decision. The agreement was to apply to all employees covered by the application, replacing the previous multiple agreements and providing a unified set of terms and conditions. The approval ensured that the agreement met the legal requirements under the Fair Work Act 2009 and was in the best interests of the employees.

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established