DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T & C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2016/5685)

T & C SERVICES PTY LTD TRADING AS PROGRAMMED INDUSTRIAL MAINTENANCE (WOLLONGONG BRANCH) AIR CONDITIONING SERVICES ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 10 OCTOBER 2016

Application for approval of the T & C Services Pty Ltd trading as Programmed Industrial Maintenance (Wollongong Branch) Air Conditioning Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the T & C Services Pty Ltd trading as Programmed Industrial Maintenance (Wollongong Branch) Air Conditioning Services Enterprise Agreement 2016 (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/As 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 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 17 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, T & C Services Pty Ltd trading as Programmed Industrial Maintenance (Wollongong Branch) Air Conditioning Services, sought approval for the Air Conditioning Services Enterprise Agreement 2016. The application was made in accordance with section 232 of the Fair Work Act 2009. The dispute arose because the applicant claimed that the agreement contained certain terms that were not covered under the safety net provisions of the Fair Work Act. The applicant argued that these terms were necessary for the effective management of their business.

The primary legal issues before the Commission were whether the terms in question were outside the safety net and whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must provide for the terms and conditions of employment of the employees to whom it applies. The Commission had to assess whether the terms were necessary for the effective management of the business and whether the agreement provided for the terms and conditions of employment of the employees to whom it applies.

The Commission found that the terms in question were indeed outside the safety net and that they were necessary for the effective management of the applicant's business. The Commission concluded that the agreement provided for the terms and conditions of employment of the employees to whom it applied, and therefore met the requirements of section 230 of the Fair Work Act. Consequently, the Commission approved the agreement, finding it to be in accordance with the provisions of the Fair Work Act.

The final orders of the Commission were that the Air Conditioning Services Enterprise Agreement 2016 be approved as a registered agreement under section 173 of the Fair Work Act, effective from 1 April 2016. This approval ensures that the agreement is legally binding and provides for the terms and conditions of employment of 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