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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd, trading as Programmed Industrial Maintenance, lodged an application with the Fair Work Commission for approval of the Programmed Industrial Maintenance Hunter Industrial Services Agreement 2018. The agreement was made between Programmed Industrial Maintenance, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred on whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The main contention was regarding the classification of certain employees and the associated pay rates, as well as the conditions under which these employees could be required to work.

The legal issues before the Commission involved interpreting the relevant sections of the Fair Work Act and determining if the agreement met the statutory criteria for approval. Specifically, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, including remuneration and classification of employees. Additionally, the Commission considered whether the agreement provided for the protection of employees’ rights and entitlements in line with the provisions of the Act.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. It determined that the agreement provided for fair and reasonable terms and conditions, including appropriate classification and remuneration of employees. The Commission also found that the agreement adequately protected the employees’ rights and entitlements. Consequently, the Commission approved the Programmed Industrial Maintenance Hunter Industrial Services Agreement 2018. This decision ensures that the terms of the agreement will apply to the employees represented by the union, providing them with certainty and protection under the Fair Work Act.

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