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

[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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

T&C Services Pty Ltd, trading as Programmed Industrial Maintenance, applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance Wollongong Mechanical Enterprise Agreement 2018. The dispute arose from the negotiation and proposed ratification of the agreement between the employer and the employees represented by the United Voice union. The case was heard in the Fair Work Commission of Australia.

The central legal issues before the Commission involved whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This included ensuring the agreement met the criteria for "better off overall" and "no detriment" as well as confirming that the agreement was fairly and genuinely negotiated. The Commission also had to assess if the agreement included appropriate dispute resolution processes and if it adhered to the general protections and minimum entitlements outlined in the Fair Work Act.

In its reasoning, the Fair Work Commission examined the submissions from both parties and considered the content of the proposed agreement. The Commission determined that the agreement was fairly and genuinely negotiated and met the "better off overall" test, as the employees would benefit from the new conditions, including wage increases and improved working conditions. The Commission found no detriment to the employees and confirmed that the agreement complied with the statutory requirements under the Fair Work Act. The Commission also noted that the proposed dispute resolution processes were adequate and aligned with the legislative framework.

The Fair Work Commission approved the Programmed Industrial Maintenance Wollongong Mechanical Enterprise Agreement 2018, effective from the date of the decision. The approval was contingent on the agreement being communicated to all relevant employees and signed by the necessary parties. This decision provided a framework for improved industrial relations between the employer and the employees in the Wollongong mechanical sector.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established