| [2023] FWCA 908 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2023/508)
PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER MINING MECHANICAL MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 27 MARCH 2023 |
Application for approval of the Programmed Industrial Maintenance Hunter Mining Mechanical Maintenance Services Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Hunter Mining Mechanical Maintenance Services Enterprise Agreement 2022 (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.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australia Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54, will operate from 3 April 2023. The nominal expiry date of the Agreement is 18 June 2025.
COMMISSIONER
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- AGLC
- T&C Services Pty Ltd T/A Programmed Industrial Maintenance [2023] FWCA 908
- Case
- [2023] FWCA 908
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court examined whether the agreement had been made in good faith and whether the necessary consultation processes were followed. Substantively, the court needed to ensure that the agreement covered all the mandatory topics, provided for a fair and reasonable remuneration, and did not include any clauses that were contrary to public policy.
The Fair Work Commission found that the agreement was made in good faith and that all necessary consultation processes had been undertaken. The court confirmed that the agreement covered all mandatory topics and did not include any clauses that were contrary to public policy. The remuneration provisions were found to be fair and reasonable, taking into account the nature of the industry and the specific circumstances of the employees. Consequently, the court approved the agreement under the Fair Work Act.
The Fair Work Commission approved the Programmed Industrial Maintenance Hunter Mining Mechanical Maintenance Services Enterprise Agreement 2022. The approval was based on the findings that the agreement was made in good faith, followed the necessary consultation processes, covered all mandatory topics, provided for fair and reasonable remuneration, and did not contain any clauses contrary to public policy.
Orders
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Background
Background to the litigation
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Evidence
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Ratio Decidendi
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