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

Case

[2018] FWCA 6050

27 SEPTEMBER 2018


[2018] FWCA 6050

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/2640)

Programmed Industrial Maintenance Wollongong Mechanical Enterprise Agreement 2018

Manufacturing and associated industries

Commissioner Harper-Greenwell

MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Programmed Industrial Maintenance Wollongong Mechanical Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Wollongong Mechanical 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.

  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.

  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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

  1. The Agreement was approved on 27 September 2018 and, in accordance with s.54, will operate from 4 October 2018. The nominal expiry date of the Agreement is 4 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500274  PR700884>

Annexure A

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