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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of T & C Services Pty Ltd trading as Programmed Industrial Maintenance, the Federal Court addressed an application for the approval of the Programmed Industrial Maintenance Hunter Mining Mechanical Services Maintenance Enterprise Agreement 2019. The dispute arose between the applicant and the Australian Building and Construction Commission, which questioned the fairness and compliance of the proposed agreement with relevant legislative requirements.

The court's primary task was to determine whether the agreement was procedurally and substantively fair. Procedural fairness involved scrutinising the process through which the agreement was formed, including whether appropriate consultation occurred with the employees affected by the agreement. Substantive fairness required the court to assess whether the terms of the agreement were reasonable in the context of the industry, the parties' bargaining power, and the economic circumstances at the time of the agreement.

The Federal Court found that the agreement was procedurally fair, as the applicant had adequately consulted with the employees through a series of meetings and provided necessary information. Regarding substantive fairness, the court examined various factors, including the agreement's alignment with industry standards and its overall terms and conditions. The court concluded that the agreement was fair and reasonable, taking into account the context and the parties' bargaining power. Consequently, the court approved the Programmed Industrial Maintenance Hunter Mining Mechanical Services Maintenance Enterprise Agreement 2019.

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