T&C Services Pty Ltd T/A Programmed Industrial Maintenance

Case

[2025] FWCA 1300

17 APRIL 2025


[2025] FWCA 1300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance

(AG2025/922)

PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

DEPUTY PRESIDENT DEAN

CANBERRA, 17 APRIL 2025

Application for approval of the Programmed Industrial Maintenance Hunter Industrial Services Enterprise Agreement 2024.

  1. An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Hunter Industrial Services Enterprise Agreement 2024 (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 Industrial Maintenance (Employer). The Agreement is a single enterprise agreement.

  1. The Employer 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. The undertakings are taken to be a term of the agreement.

  1. 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.

  1. The flexibility term in the Agreement does not meet the requirements of s.203(3) of the Act. 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.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2025. The nominal expiry date of the Agreement is 20 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528717  PR786246>

Annexure A

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