T&C Services Pty Ltd T/A Programmed FM

[2016] FWCA 3316

[2016] FWCA 3316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed FM
(AG2016/3094)

T&C SERVICES PTY LTD, GLADSTONE WORKSHOP SERVICES COLLECTIVE AGREEMENT (2016-2018)

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the T&C Services Pty Ltd, Gladstone Workshop Services Collective Agreement (2016-2018).

[1] An application has been made for approval of an enterprise agreement known as the T&C Services Pty Ltd, Gladstone Workshop Services Collective Agreement (2016-2018) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T&C Services Pty Ltd T/A Programmed FM. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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