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

[2021] FWCA 1316

[2021] FWCA 1316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2021/303)

PROGRAMMED INDUSTRIAL MAINTENANCE – WOLLONGONG AND SYDNEY REGIONS BUILDING SERVICES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 11 MARCH 2021

Application for approval of the Programmed Industrial Maintenance - Wollongong and Sydney Regions Building Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance - Wollongong and Sydney Regions Building Services Enterprise Agreement 2020 (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 Employer 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. The undertakings are taken to be a term of 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 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.

[4] I observe that clause 17.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 18 March 2021. The nominal expiry date of the Agreement is 4 May 2023.

COMMISSIONER

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Annexure A