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

[2022] FWCA 1057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2022/718)

Programmed Industrial Maintenance Field Services QueenslandEnterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 25 MARCH 2022

Application for the approval of the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 1 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Programmed Industrial Maintenance, trading as Programmed Industrial Maintenance, filed an application seeking the approval of the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2021. The applicant argued that the proposed agreement met the necessary requirements for approval and was suitable for registration. The application was opposed by a union and a group of employees who raised concerns about various aspects of the agreement, including provisions related to pay rates, classification of roles, and shift penalties.

The primary legal issue before the commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The commission needed to determine if the agreement met the criteria for "registered agreement" status, including whether it was "better off overall" for employees, contained appropriate provisions for minimum entitlements, and was free from unlawful content. The commission also had to consider the submissions from the opposing parties and any relevant precedent or statutory requirements.

After examining the proposed agreement and the submissions from both sides, the commission concluded that the agreement met the necessary requirements for approval. The commission found that the agreement provided for fair and reasonable terms and conditions for employees, including adequate pay rates and shift penalties, and contained appropriate minimum entitlements. The commission also determined that the agreement was "better off overall" for employees, taking into account factors such as wage increases, improved conditions, and other benefits. The commission further found that the agreement did not contain any unlawful content or provisions that would render it unsuitable for registration.

The Fair Work Commission approved the Programmed Industrial Maintenance Field Services Queensland Enterprise Agreement 2021, granting it registered agreement status. This decision enables the agreement to be registered with the Fair Work Commission, providing legal recognition and enforceability for the terms and conditions outlined within it. The agreement will now apply to the relevant employees covered by the agreement, and the union and employer are bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established