Protech Group (Aust) Pty Ltd Summary

[2016] FWCA 1264

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Protech Group (Aust) Pty Ltd
(AG2016/106)
PROTECH ON-HIRE EMPLOYEE AGREEMENT 2016
Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Protech On-Hire Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Protech On-Hire Employee Agreement 2016 (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] The Applicant 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.

[3] 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 Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.
[2016] FWCA 1264

[4] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will

operate from 7 March 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1264

ANNEXURE A

[2016] FWCA 1264

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from Protech Group (Aust) Pty Ltd to approve the Protech On-Hire Employee Agreement 2016. This agreement was proposed under Section 185 of the Fair Work Act 2009 and covered a single enterprise. The application was made to secure the formal endorsement of the enterprise agreement, which was to govern the terms and conditions of employment for a designated group of employees within Protech Group. The decision to approve or reject the agreement rested on the compliance of the agreement with the stipulated legal requirements and the fair representation of the employees it intended to cover.

The central legal issues before the Commission were whether the agreement met the criteria outlined in Sections 186, 187, 188, and 190 of the Act, and if the selection of employees covered by the agreement was fair. The applicant had to demonstrate that the agreement would not cause financial detriment to employees and that it did not substantially change after the application was submitted. Additionally, the Commission had to ensure that the agreement was fairly representative of the employee group it covered, even if it did not encompass all employees of the employer.

The Commission found that the applicant had provided written undertakings that satisfied the conditions of Sections 186, 187, 188, and 190, as applicable. These undertakings assured that no financial harm would come to the employees and that the agreement would remain unchanged post-application. Moreover, the Commission was satisfied that the group of employees selected for the agreement was fairly chosen, taking into account the relevant factors in Sections 186(3) and 186(3A). Consequently, the application for approval was granted, and the agreement was approved to operate from 7 March 2016, with a nominal expiry date of 29 February 2020.

Protech Group (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established