DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2017/6621)

PROGRAMMED INDUSTRIAL MAINTENANCE FIELD SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2018

Application for approval of the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2017 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 1 December 2020.

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, applied to the Fair Work Commission for approval of the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2017. The applicant sought to have the agreement approved as a modern award. The application was made under the Fair Work Act 2009.

The legal issues before the court were whether the agreement complied with the statutory requirements for modern awards and whether it met the appropriate standards for employee protections. Specifically, the court needed to consider if the agreement contained the mandated minimum terms and conditions, whether it was fair and reasonable, and if it provided adequate protections for employees.

The court examined the contents of the agreement, including provisions related to wages, hours of work, leave, and dispute resolution mechanisms. It assessed whether the agreement provided at least the minimum terms and conditions prescribed by the relevant modern award and if it was fair and reasonable having regard to the overall context. The court found that the agreement met all the necessary statutory requirements and provided adequate protections for employees. Consequently, the court approved the agreement as a modern award.

The final order was that the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2017 was approved as a modern award. This decision allowed the agreement to be applied to relevant employees and employers in Queensland, ensuring that they were covered by the agreed terms and conditions.

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