DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2016/5673)

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

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the T&C Services Pty Ltd trading as Programmed Industrial Maintenance (Wollongong Branch) Building 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) Building 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/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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 7 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Approval Decision

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, T&C Services Pty Ltd trading as Programmed Industrial Maintenance (Wollongong Branch), sought approval of the Building Services Enterprise Agreement 2016. The respondent, Australian Manufacturing Workers' Union, did not oppose the application but raised concerns about certain aspects of the agreement. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically whether they met the requirements under the Fair Work Act 2009.

The court had to determine if the agreement provided for the proper regulation of employment, including terms such as wages, hours of work, leave entitlements, and other conditions of employment. It also needed to assess whether the agreement met the "better off overall test" and was made in good faith. The court examined whether the agreement provided a safety net of minimum entitlements and whether it was made without coercion, undue influence, or harassment.

The Fair Work Commission found that the agreement met the legislative requirements under the Fair Work Act 2009. It was concluded that the agreement provided for the proper regulation of employment and met the "better off overall test". The commission determined that the agreement was made in good faith, provided a safety net of minimum entitlements, and was not made through coercion, undue influence, or harassment. Therefore, the court approved the Building Services Enterprise Agreement 2016.

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