Protech Managed Project Services Pty Ltd

[2020] FWCA 1584

[2020] FWCA 1584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Protech Managed Project Services Pty Ltd
(AG2020/357)

MANAGED PROJECT SERVICES ON-HIRE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 25 MARCH 2020

Application for approval of the Managed Project Services On-Hire Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Protech Managed Project Services Pty Ltd (the Applicant) for approval of the Managed Project Services On-Hire Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the employee bargaining representatives on 28 February 2020, raising concerns in relation to the Agreement.

[3] The Applicant provided submissions and signed undertakings on 4 March 2020 to address the concerns raised.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are taken to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 24 – Public Holidays.

[6] However, noting NES precedence clause inserted in the undertakings at Attachment A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and NES.

[7] Subject to the undertakings provided and the matter raised at paragraphs [5] – [6], I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with clause 3.1 of the Agreement and s.54 of the Act, will operate 7 days from the date of approval of the Agreement. The nominal expiry date is 24 March 2024.

COMMISSIONER

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Attachment A