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

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Protech Managed Project Services Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the Managed Project Services On-Hire Agreement 2019. The applicant sought to have the agreement approved under the Fair Work Act 2009. The agreement, if approved, would have covered employees who were previously covered by an earlier agreement. The primary issue before the court was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement provided for a safety net of minimum wages and conditions, protected employees' rights, and facilitated genuine collective bargaining. The court also needed to determine if the agreement was made in good faith and if it was likely to lead to improved workplace relations.

The court examined the terms of the proposed agreement and found that it met the statutory criteria for approval. The agreement provided for a safety net of minimum wages and conditions and protected employees' rights. The court also found that the agreement was made in good faith and was likely to lead to improved workplace relations. The applicant had provided evidence of genuine collective bargaining and consultation with the employees' representatives. The court was satisfied that the agreement facilitated genuine collective bargaining and that it was likely to lead to improved workplace relations. Therefore, the court approved the agreement.

The court's decision was based on the evidence presented by the applicant and the statutory criteria for approval under the Fair Work Act 2009. The court found that the proposed agreement met all the necessary criteria and was in the best interests of the employees. The court approved the Managed Project Services On-Hire Agreement 2019 and made the necessary orders for its registration. The final orders of the court included the approval of the agreement and its registration under the Fair Work Act 2009. The agreement would now apply to the employees who were previously covered by the earlier agreement.

Protech Managed Project Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established