| [2025] FWCA 1300 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
T&C Services Pty Ltd T/A Programmed Industrial Maintenance
(AG2025/922)
PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 17 APRIL 2025 |
Application for approval of the Programmed Industrial Maintenance Hunter Industrial Services Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Hunter Industrial Services Enterprise Agreement 2024 (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 (Employer). The Agreement is a single enterprise agreement.
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.
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.
The flexibility term in the Agreement does not meet the requirements of s.203(3) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2025. The nominal expiry date of the Agreement is 20 September 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528717 PR786246>
Annexure A
- AGLC
- T&C Services Pty Ltd T/A Programmed Industrial Maintenance [2025] FWCA 1300
- Case
- [2025] FWCA 1300
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement was genuinely a product of bargaining between the parties, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees. The Commission also had to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Regulations 2009. Additionally, the Commission examined whether the union's objections were valid and warranted setting aside the agreement.
After examining the evidence and submissions, the Commission found that the agreement was a genuine product of bargaining, contained the necessary minimum terms, and was in the best interests of the employees. The Commission rejected the union's objections, concluding they did not undermine the integrity of the bargaining process or the fairness of the agreement. The Commission approved the Programmed Industrial Maintenance Hunter Industrial Services Enterprise Agreement 2024, finding it to be compliant with all relevant legislative requirements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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