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

[2019] FWCA 4009

[2019] FWCA 4009

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
(AG2019/370)

PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER MINING MECHANICAL SERVICES MAINTENANCE ENTERPRISE AGREEMENT 2019.

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 11 JUNE 2019

Application for approval of the Programmed Industrial Maintenance Hunter Mining Mechanical Services Maintenance Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by T&C Services Pty Ltd T/A Programmed Industrial Maintenance(the applicant) for the approval of an enterprise agreement known as the Programmed Industrial Maintenance Hunter Mining Mechanical Services Maintenance Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding rates of adult apprentices. A copy of the undertakings is attached at the end of the Agreement. No bargaining representative has raised any concerns with the undertakings. 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.

[3] The notice of employee representational rights was given on the date of 11 July 2018. The date the voting for the agreement commenced was 4 February 2019.

[4] Subject to the undertakings referred to above, 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.

[5] The Australian 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 3 years from the date of commencement.

DEPUTY PRESIDENT

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