Protech Managed Project Services Pty Ltd

[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

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.

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.

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.

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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CaseChat Overview and Summary

The case before the court involved Protech Managed Project Services Pty Ltd, which sought approval for a dredging environmental assessment (EA) 2024. The application was contested by various stakeholders, including local residents and environmental groups, who argued that the proposed dredging activities would have significant adverse environmental impacts. The court was tasked with determining whether the EA adequately addressed these concerns and whether the application should be approved.

The primary legal issues centred around the adequacy of the EA in assessing the potential environmental impacts of the dredging project. The court had to consider whether the EA complied with relevant environmental laws and regulations, and whether the project's benefits outweighed the potential environmental harm. Additionally, the court needed to evaluate the public interest and the necessity of the project in light of the environmental concerns raised.

In its decision, the court examined the EA and the submissions from both parties. The court found that while the EA contained detailed information about the proposed project and its potential environmental impacts, it did not sufficiently address certain critical aspects, such as the long-term effects on local ecosystems and the mitigation measures in place to prevent harm. The court also considered the public interest in the project, which included economic benefits and the necessity of the dredging for navigational purposes. Ultimately, the court decided that the EA did not adequately address the environmental concerns, and therefore, the application for approval was denied.

The court's final order was that the application for approval of the PMPS Dredging EA 2024 was refused. The court required Protech Managed Project Services Pty Ltd to submit a revised EA that more comprehensively addressed the environmental impacts and proposed adequate mitigation measures.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established