DECISION

Fair Work Act 2009
s.210—Enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2017/5575)

T&C SERVICES PTY LTD SYDNEY MECHANICAL SERVICES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2018

Application for variation of the T&C Services Pty Ltd Sydney Mechanical Services Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the T&C Services Pty Ltd Sydney Mechanical Services Enterprise Agreement 2014 (the Agreement). The application was made by T&C Services Pty Ltd T/A Programmed Industrial Maintenance pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved T&C Services Pty Ltd, trading as Programmed Industrial Maintenance, and the relevant union. The dispute centred around an application to vary the Sydney Mechanical Services Enterprise Agreement 2014. The applicant sought changes to the existing agreement to better reflect current industry standards and to ensure the agreement remained fair and relevant. The Commission was tasked with determining whether the proposed variations were justified and whether they complied with the relevant legislative framework.

The primary legal issues before the FWC were whether the proposed variations met the threshold for being considered ‘modern awards’ under the Fair Work Act 2009, and whether the changes were in the interests of achieving a fair and efficient workplace. Additionally, the Commission had to assess if the application process was conducted fairly and if the variations were necessary to address changes in the industry since the original agreement was made.

In its decision, the FWC found that the proposed variations did indeed reflect modern industry practices and were necessary to maintain the fairness of the agreement. The Commission emphasised the importance of the agreement remaining relevant to the current economic and industrial environment. The FWC noted that the application process was conducted transparently and that the evidence presented supported the need for the changes. Consequently, the Commission approved the variations, noting that they would benefit both employers and employees by providing a more equitable agreement.

The Fair Work Commission ordered that the Sydney Mechanical Services Enterprise Agreement 2014 be varied as per the application, with the changes to take effect from the date of the decision. This decision ensures that the agreement remains a fair and effective tool for governing the relationship between the employer and the employees covered by 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