DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2019/130)

PROGRAMMED INDUSTRIAL MAINTENANCE WOLLONGONG AND SOUTHERN REGIONS ELECTRICAL & CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2019

Application for approval of the Programmed Industrial Maintenance Wollongong and Southern Regions Electrical & Construction Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Wollongong and Southern Regions Electrical & Construction Services Enterprise Agreement 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 Industrial Maintenance. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 12 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, T&C Services Pty Ltd trading as Programmed Industrial Maintenance, sought approval of the Programmed Industrial Maintenance Wollongong and Southern Regions Electrical & Construction Services Enterprise Agreement 2018 (the Agreement). The application was made under section 230 of the Fair Work Act 2009. The applicant sought to have the Agreement approved as a simple, single-enterprise agreement covering employees in the Wollongong and Southern Regions. The application was heard in the Fair Work Commission.

The legal issues for determination by the Commission were whether the Agreement was a protected action ballot agreement and whether it met the requirements of the Fair Work Act 2009 to be approved as a simple, single-enterprise agreement. The applicant argued that the Agreement was a protected action ballot agreement, as it was entered into during a period of industrial action. The respondent argued that the Agreement did not meet the requirements of the Fair Work Act 2009 and should not be approved.

The Commission found that the Agreement was a protected action ballot agreement and was therefore not invalid. The Commission also found that the Agreement met the requirements of the Fair Work Act 2009 to be approved as a simple, single-enterprise agreement. The Agreement was approved as a simple, single-enterprise agreement covering employees in the Wollongong and Southern Regions. The Commission noted that the Agreement contained terms and conditions that were no less favourable than the applicable award or enterprise agreement, and that it was in the best interests of the employees covered by the Agreement.

The Commission approved the Agreement as a simple, single-enterprise agreement, effective from the date of the decision. The Commission noted that the Agreement provided for a transition period of six months, during which time the employer and employees could work together to implement the terms and conditions of the Agreement. The Commission also noted that the Agreement contained a dispute resolution procedure, which provided a mechanism for resolving any disputes that may arise in relation to the Agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established