Programmed Skilled Workforce Limited and Integrated Maintenance Services Pty Ltd

[2020] FWCA 1767

[2020] FWCA 1767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Skilled Workforce Limited and Integrated Maintenance Services Pty Ltd
(AG2020/497)

PROGRAMMED SKILLED WORKFORCE LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 APRIL 2020

Application for approval of the Programmed Skilled Workforce Ltd Metals Labour Hire Agreement 2019-2023.

[1] Programmed Skilled Workforce Limited and Integrated Maintenance Services Pty Ltd have applied for approval of a single enterprise agreement known as the Programmed Skilled Workforce Ltd Metals Labour Hire Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met. Further information was provided in relation to these concerns.

[3] Programmed Skilled Workforce Limited and Integrated Maintenance Services Pty Ltd sought to correct errors in the original applications, statutory declarations and Agreement, by filing amended applications, amended statutory declarations and an amended Agreement signature page. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the application as amended and the further information provided I am satisfied that the Agreement is a single enterprise agreement, made by two single interest employers and employees within the meaning of s.172(2) of the Act.

[5] On the basis of the material contained in the amended applications, amended statutory declarations, amended Agreement signature page and further information provided on request of the Commission, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 2 April 2020 and, in accordance with s.54, will operate from 9 April 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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