DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd T/A Programmed Industrial Maintenance
(AG2017/3140)

PROGRAMMED INDUSTRIAL MAINTENANCE FREMANTLE (PATRICK) SITE MAINTENANCE ENTERPRISE AGREEMENT 2017 - 2020

Stevedoring industry
COMMISSIONER WILSON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2017 - 2020 (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 Applicant 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.

[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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 2 February 2020.

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 the approval of the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2017 - 2020. The application was brought in light of section 233 of the Fair Work Act 2009, which mandates that the Commission must approve an agreement if it is satisfied that the agreement has been fairly negotiated and meets the requirements of the Act. The dispute primarily revolved around whether the agreement was fairly negotiated and if it complied with the statutory provisions of the Fair Work Act.

The key legal issues before the Fair Work Commission were whether the enterprise agreement was genuinely negotiated and whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission needed to consider if the negotiation process was conducted in good faith and if the agreement contained provisions that were fair and reasonable. Additionally, the Commission had to determine if the agreement met the criteria for approval under the Fair Work Act, including whether it adhered to the relevant minimum standards and was free from any provisions that were contrary to public policy.

In its decision, the Fair Work Commission held that the agreement was fairly negotiated and met the requirements of the Fair Work Act. The Commission found that the negotiation process was conducted in good faith and that the agreement contained provisions that were fair and reasonable. The Commission was satisfied that the agreement complied with the statutory minimum standards and did not contain any provisions that were contrary to public policy. The Commission approved the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2017 - 2020, thereby resolving the dispute in favour of Programmed Industrial Maintenance.

The Fair Work Commission ordered the approval of the Programmed Industrial Maintenance Fremantle (Patrick) Site Maintenance Enterprise Agreement 2017 - 2020. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of approval until it was terminated or replaced by a new agreement. This decision provided clarity and certainty to both parties regarding the terms of their employment and the operation of the enterprise 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