DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T&C services Pty Ltd T/A Programmed Industrial Maintenance
(AG2020/990)

PROGRAMMED INDUSTRIAL MAINTENANCE NSW SOUTH – WOLLONGONG AND SYDNEY REGIONS AIR CONDITIONING SERVICES ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 MAY 2020

Application for approval of the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Air Conditioning Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Air Conditioning Services Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 May 2020. The nominal expiry date of the Agreement is 4 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions, an employer, applied for approval of an enterprise agreement. The applicant sought to have the agreement declared as a safety net compliant agreement. The employer argued that the agreement met all the necessary requirements for safety net compliance. The Fair Work Commission was the court in this case.

The legal issues before the Commission were whether the agreement met the requirements for safety net compliance under the Fair Work Act 2009. The Commission was required to assess if the agreement provided for minimum rates of pay, leave entitlements, penalty rates, maximum weekly hours, and notice of termination and redundancy pay, and if it contained any provisions that would undermine the safety net protections.

The Fair Work Commission found that the agreement met all the necessary requirements for safety net compliance. The Commission considered the provisions of the agreement and determined that it provided for the minimum rates of pay, leave entitlements, penalty rates, maximum weekly hours, and notice of termination and redundancy pay. The Commission also found that the agreement did not contain any provisions that would undermine the safety net protections. Therefore, the Commission approved the agreement as a safety net compliant agreement.

The Fair Work Commission approved the Programmed Industrial Maintenance NSW South - Wollongong and Sydney Regions Air Conditioning Services Enterprise Agreement 2020 as a safety net compliant agreement.

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