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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Skilled Workforce Limited and Integrated Maintenance Services Pty Ltd were involved in a dispute that reached the Fair Work Commission. The central issue was the approval of the Programmed Skilled Workforce Ltd Metals Labour Hire Agreement 2019-2023. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement was made in good faith and whether it provided for the terms and conditions of employment that were fair and reasonable. Additionally, the Commission needed to consider if the agreement adequately protected the rights of employees and ensured that it was not contrary to public policy. The Commission also assessed whether the agreement's provisions were consistent with the objectives of the Fair Work Act.

In its reasoning, the Commission examined the terms and conditions outlined in the agreement, including wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission noted that while some provisions were found to be fair and reasonable, others required amendments to better align with the objectives of the Act. The Commission made specific recommendations to modify certain clauses to ensure they provided adequate protections for employees. Ultimately, the Commission approved the agreement with the specified amendments, finding that it met the necessary criteria for fairness and reasonableness.

The Fair Work Commission approved the Programmed Skilled Workforce Ltd Metals Labour Hire Agreement 2019-2023 with certain modifications. The approved agreement was to be implemented with the changes recommended by the Commission, ensuring it met the requirements of the Fair Work Act 2009.

Programmed Skilled Workforce Limited and Integrated Maintenance Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established