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

PROGRAMMED INDUSTRIAL MAINTENANCE HUNTER MINING MECHANICAL MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2025

Application for approval of the Programmed Industrial Maintenance Hunter Mechanical Services Enterprise Agreement 2025

[1] T&C Services Pty Ltd trading as Programmed Industrial Maintenance has applied for approval of a single enterprise agreement known as the Programmed Industrial Maintenance Hunter Mining Mechanical Maintenance Services Enterprise Agreement 2025 (Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act).

[2] Clause 29 of the Agreement is titled "Delegates' Rights". I raised with T&C Services some concerns that I had with that clause arising from the decisions of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187 and of the Full Bench of the Commission in Variation of delegates' rights term in modern awards [2026] FWCFB 5. I canvassed options for addressing those concerns.

[3] T&C Services proposed that I determine under section 205A(2) of the Act that clause 29 of the Agreement is of no effect and that clause 40A of the Award be 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) was a bargaining representative for the Agreement. It informed me that it had no objections to dealing with the matter as suggested by T&C Services.

[4] Accordingly, pursuant to section 205A(2) of the Act, clause 29 of the Agreement is of no effect and clause 40A of the Award is taken to be a term of the Agreement.

[5] With that determination, and having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to the application have been met.

[6] The AMWU supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU.

[7] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 9 February 2026. The nominal expiry date of the Agreement is 18 June 2028.

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