DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prosys Services Pty Ltd
(AG2020/2404)

PROSYS SERVICES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the Prosys Services Pty Ltd Enterprise Agreement 2020 - 2024.

[1] Prosys Services Pty Ltd has applied for approval of a single enterprise agreement known as the Prosys Services Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the amended application and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 16 September 2020 and, in accordance with s.54, will operate from 23 September 2020. The nominal expiry date of the Agreement is 1 May 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosys Services Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2020-2024. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the Fair Work Act 2009 and the relevant industrial laws.

The court had to determine whether the agreement met the requirements for approval, including assessing if it contained the necessary minimum terms, whether it was free from prohibited content, and whether it had been made in good faith. Furthermore, the court needed to examine if the agreement provided for the proper operation of the enterprise, including provisions for employee representation and the resolution of disputes.

The Fair Work Commission found that the Enterprise Agreement 2020-2024 was compliant with the relevant provisions of the Fair Work Act 2009. The agreement contained the required minimum terms, was free from prohibited content, and was made in good faith. The court concluded that the agreement provided for the proper operation of the enterprise and allowed for employee representation and dispute resolution. Consequently, the application for approval was granted.

The Fair Work Commission approved the Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Prosys Services Pty Ltd for the duration specified in the agreement. The decision was final and binding on both parties, and no further appeals were permitted.

Prosys Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established