DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Integrated Workforce Limited T/A Programmed Integrated Workforce
(AG2018/231)

PROGRAMMED INTEGRATED WORKFORCE AND THE AMWU METAL TRADES MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 JANUARY 2018

Application for approval of the Programmed Integrated Workforce and the AMWU Metal Trades Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Integrated Workforce and the AMWU Metal Trades Maintenance Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Integrated Workforce Limited T/A Programmed Integrated Workforce. The Agreement is a single enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2018. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Integrated Workforce Limited, trading as Programmed Integrated Workforce, applied for approval of the AMWU Metal Trades Maintenance Enterprise Agreement 2017. The applicant sought to have the agreement registered by the Fair Work Commission, as it was deemed to meet the requirements of the Fair Work Act 2009. The applicant argued that the agreement had been fairly and genuinely negotiated and was in the interests of the employees covered by the agreement. The Australian Manufacturing Workers' Union (AMWU) also supported the application.

The primary legal issue before the court was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement was genuinely negotiated and whether it complied with the provisions of the Act. Additionally, the court needed to determine if the agreement was in the best interests of the employees involved. The applicant needed to demonstrate that the agreement had been negotiated fairly and genuinely, and that it was not contrary to public policy.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, and that it complied with the provisions of the Fair Work Act 2009. The Commission also found that the agreement was in the best interests of the employees involved, as it provided for fair and reasonable terms of employment. The Commission noted that the agreement included provisions for minimum rates of pay, leave entitlements, and other conditions of employment that were consistent with the needs of the industry and the employees involved.

The Fair Work Commission approved the Programmed Integrated Workforce and the AMWU Metal Trades Maintenance Enterprise Agreement 2017, subject to certain modifications to address minor technical issues. The Commission found that the agreement was in the best interests of the employees involved and provided for fair and reasonable terms of employment. The Commission also noted that the agreement had been genuinely negotiated and complied with the provisions of the Fair Work Act 2009. The modifications to the agreement were made to ensure that it met all the statutory requirements for approval.

Programmed Integrated Workforce Limited T/A Programmed Integrated Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established