DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance
(AG2018/1919)

PROGRAMMED INDUSTRIAL MAINTENANCE FISHERMAN ISLANDS (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2018 - 2021

Stevedoring industry
COMMISSIONER SAUNDERS	NEWCASTLE, 21 SEPTEMBER 2018

Application for approval of the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2018 - 2021 (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 Industrial Maintenance. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Maritime Union of Australia 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 organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the case of Programmed Industrial Maintenance Pty Ltd, trading as Programmed Industrial Maintenance, the Fair Work Commission was called upon to decide on the application for approval of the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2018 - 2021. The dispute involved the company and its employees, represented by the Australian Manufacturing Workers Union, over the terms and conditions set out in the proposed enterprise agreement.

The legal issues that the commission had to address included whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved determining if the agreement provided for minimum rates of pay, included appropriate processes for resolving disputes, and was free from any terms that would undermine the safety and health of employees. Additionally, the commission had to consider if the agreement was made in good faith and if it included provisions that would ensure a fair and efficient workplace.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the proposed agreement was fair and met all the necessary criteria. The commission noted that the agreement provided for adequate minimum rates of pay, contained effective dispute resolution mechanisms, and did not include any terms that would compromise the safety and health of employees. Furthermore, the commission concluded that the agreement had been made in good faith and included provisions that would ensure a fair and efficient workplace.

In conclusion, the Fair Work Commission approved the Programmed Industrial Maintenance Fisherman Islands (Patrick) Site Maintenance Enterprise Agreement 2018 - 2021, finding it to be fair and meeting all the necessary requirements under the Fair Work Act 2009. This decision will now allow the agreement to be implemented, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

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