Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance

[2018] FWCA 5921

[2018] FWCA 5921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance
(AG2018/4855)

PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER INDUSTRIAL SERVICES AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the Programmed Industrial Maintenance Hunter Industrial Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Hunter Industrial Services Agreement 2018 (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] I observe that clause 8.7 of the Agreement, regarding abandonment of employment, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2018. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

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