Protech Managed Project Services Pty Ltd

[2022] FWCA 1528

[2022] FWCA 1528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Protech Managed Project Services Pty Ltd

(AG2022/1295)

Protech Managed Project Services Pty Ltd & The Australian Workers’ Union Agreement 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 6 MAY 2022

Application for approval of the Protech Managed Project Services Pty Ltd & The Australian Workers’ Union Agreement 2021

1. Protech Managed Project Services Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Protech Managed Project Services Pty Ltd & The Australian Workers’ Union Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 3 May 2022.

1. On 3 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought and received an amended agreement signature page that complied with Fair Work regulation 2.06A and contained the employer postcode and suburb.

·  Chambers requested and received agreement approval materials including the provision of the NERR, notice of vote, the copy of the Agreement/Award and the explanation of terms document provided to employees to ensure agreement pre-approval requirements have been met.

1. The Agreement was not lodged within 14 days after it was made. Q25.2 of the Form F17 indicated that the Agreement was made on 14 April 2022. The Agreement was lodged on 29 April 2022, 15 days after the agreement was made. I note the Agreement was lodged one day late. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 29 April 2022.

1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2023.

COMMISSIONER

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