Protech Managed Project Services Pty Ltd

[2019] FWCA 8741

[2019] FWCA 8741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protech Managed Project Services Pty Ltd
(AG2019/4818)

PROTECH MANAGED PROJECT SERVICES PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2019

Application for approval of the Protech Managed Project Services Pty Ltd & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Protech Managed Project Services Pty Ltd & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Protech Managed Project Services Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 6 January 2020. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

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Annexure A