T&C Services Pty Ltd T/A Programmed Industrial Maintenance

[2022] FWCA 2081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance

(AG2022/1753)

Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 24 JUNE 2022

Application for approval of the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Agreement 2021.

T&C Services Pty Ltd T/A Programmed Industrial Maintenance has applied for approval of a single enterprise agreement known as the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Agreement 2021 (the Agreement).

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.

The Agreement is approved and will operate from 1 July 2022. The nominal expiry date of the Agreement is 4 October 2024.

The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Programmed Industrial Maintenance, trading as Programmed Industrial Maintenance NSW South, to obtain approval for the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Agreement 2021. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act 2009, specifically if it covered all necessary bargaining obligations and if the process through which it was negotiated was fair and appropriate.

The court had to determine if the agreement was genuinely negotiated and if the process was free from any undue influence or coercion. It also had to assess whether the agreement contained all the mandated minimum terms and conditions as stipulated by the Act, and whether the application itself complied with the relevant procedural requirements set out in the Fair Work Regulations 2009. Furthermore, the court needed to consider if the proposed agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the application was procedurally valid and that the agreement had been genuinely negotiated without any undue influence. The agreement was deemed to include all required minimum terms and conditions and was considered to be in the best interests of the employees. Consequently, the Commission approved the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Mechanical Services Agreement 2021. This decision was based on the evidence presented that the agreement met all statutory requirements and was fair and appropriate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established