DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protech Group (Aust) Pty Ltd
(AG2020/1619)

PROTECH ON-HIRE EMPLOYEE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 30 JUNE 2020

Application for approval of the Protech On-Hire Employee Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Protech On-Hire Employee Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Protech Group (Aust) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2020. The nominal expiry date of the Agreement is 29 June 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Protech Group (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Protech On-Hire Employee Agreement 2020. The application was made under the Fair Work Act 2009, seeking to have the agreement registered as a single-enterprise agreement. The respondents to the application were various unions representing the employees of Protech Group, who contested the application on various grounds.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Act and whether it provided for appropriate terms and conditions for the employees. This included assessing whether the agreement complied with the "better off overall test" (BOOT), ensuring that employees were not worse off than they would be under their existing awards or agreements. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and if it adhered to the principles of procedural fairness.

The Commission found that the agreement met the requirements for approval. It satisfied the BOOT by providing employees with improved terms and conditions compared to their previous awards. The agreement also provided for adequate dispute resolution mechanisms and adhered to the principles of procedural fairness. Consequently, the application for approval was granted, and the Protech On-Hire Employee Agreement 2020 was registered as a single-enterprise agreement.

The Fair Work Commission approved the Protech On-Hire Employee Agreement 2020 as a single-enterprise agreement, effective from the date of the decision. The agreement was registered, and the respondents' objections were dismissed. The decision is binding on all employees covered by the agreement, and it will apply until it is either superseded by a new agreement or terminated in accordance with the provisions of the Fair Work Act.

Protech Group (Aust) 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