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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Protech Managed Project Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, titled the Protech Managed Project Services Pty Ltd & The Australian Workers' Union Agreement 2019. The Australian Workers' Union contested the application, arguing that certain provisions of the agreement did not comply with the Fair Work Act 2009. The central legal issues for the Commission to decide were whether the provisions in question complied with the Act, and if not, whether the non-compliance was minor and could be disregarded under section 234 of the Act.

The Commission examined the specific provisions of the agreement that were in contention, focusing on their compliance with the requirements set out in the Fair Work Act. The application of section 234, which allows for the disregard of minor and technical non-compliances, was also considered. The Commission assessed whether the non-compliances were indeed minor and did not affect the overall fairness or compliance of the agreement. After reviewing the evidence and arguments presented by both parties, the Commission determined that the non-compliances were minor and did not significantly impact the fairness or compliance of the agreement.

The Commission approved the Protech Managed Project Services Pty Ltd & The Australian Workers' Union Agreement 2019, finding that the minor non-compliances could be disregarded under section 234 of the Fair Work Act. The decision highlighted the importance of enterprise agreements in maintaining fair and effective workplace relations while ensuring compliance with the legislative framework. The approval of the agreement was made subject to the minor non-compliances being rectified in future amendments, ensuring ongoing adherence to the Act.

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