| [2025] FWCA 2837 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
T&C Services Pty Ltd trading as Programmed Industrial Maintenance
(AG2025/2537)
PROGRAMMED INDUSTRIAL MAINTENANCE FIELD SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 25 AUGUST 2025 |
Application for approval of the Programmed Industrial Maintenance Queensland Field Services Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Queensland Field Services Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
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.
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.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 September 2025. The nominal expiry date of the Agreement is 24 August 2029.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530187 PR791020>
Annexure A
- AGLC
- T&C Services Pty Ltd trading as Programmed Industrial Maintenance [2025] FWCA 2837
- Case
- [2025] FWCA 2837
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, and whether it complied with the good faith bargaining requirements of the Act. The Commission had to consider the impact of the agreement on the employees' remuneration, benefits, working conditions, and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement was negotiated in good faith and if it provided for an appropriate balance between the interests of the employees and the employer.
The Commission found that the proposed agreement met the statutory requirements for approval. It considered that the agreement provided for fair and reasonable terms and conditions, and that the bargaining process was conducted in good faith. The Commission noted that the agreement included provisions for reasonable remuneration, benefits, and working conditions that were consistent with industry standards. Furthermore, the agreement provided for effective dispute resolution mechanisms. The Commission concluded that the proposed agreement was fair and reasonable, and it approved the Programmed Industrial Maintenance Queensland Field Services Enterprise Agreement 2025.
The Fair Work Commission approved the Programmed Industrial Maintenance Queensland Field Services Enterprise Agreement 2025, effective from the date of the decision. The approval ensures that the agreement will govern the employment conditions of the employees within the specified scope for the duration of the agreement. The decision provides certainty and stability for both the employees and the employer, and it reflects a balanced approach to the negotiation process.
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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