Protech Managed Project Services Pty Ltd

[2024] FWCA 4565

[2024] FWCA 4565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Protech Managed Project Services Pty Ltd

(AG2024/4513)

PMPS DREDGING EA 2024

Dredging industry
COMMISSIONER HUNT	BRISBANE, 18 DECEMBER 2024

Application for approval of the PMPS Dredging EA 2024

1. Protech Managed Project Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the PMPS Dredging EA 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 October 2024 and the Agreement was made on 8 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2024. The nominal expiry date of the Agreement is 18 December 2028.

COMMISSIONER

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