DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2018/6678)

PROGRAMMED INDUSTRIAL MAINTENANCE SYDNEY MECHANICAL AND ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 4 APRIL 2019

Application for approval of the Programmed Industrial Maintenance Sydney Mechanical and Electrical Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Sydney Mechanical and Electrical 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 26 March 2019, which included further material in support of the application together with Undertakings made by and duly signed by the National HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 4 April 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, T&C Services Pty Ltd trading as Programmed Industrial Maintenance, applied for an approval of the Programmed Industrial Maintenance Sydney Mechanical and Electrical Services Enterprise Agreement 2018. The dispute centred on the terms and conditions of employment for the employees of Programmed Industrial Maintenance, specifically those engaged in mechanical and electrical services in Sydney.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved examining if the agreement provided for minimum rates of pay and conditions that were no less favourable than the applicable award or safety net award, and if it complied with procedural fairness, including proper consultation with the employees and their representatives.

The Commission considered the provisions of the proposed agreement against the relevant industrial instruments and found that the agreement provided for terms and conditions that were no less favourable than the applicable award. Additionally, the Commission was satisfied that the applicant had conducted proper consultation with the employees and their representatives. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

The final orders included the approval of the Programmed Industrial Maintenance Sydney Mechanical and Electrical Services Enterprise Agreement 2018, with the agreement to be registered with the Commission. This decision was based on the evidence presented and the legal requirements outlined in the Fair Work Act.

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