Protech Personnel (Nsw) Pty Ltd
[2024] FWC 1810
•10 JULY 2024
| [2024] FWC 1810 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Protech Personnel (Nsw) Pty Ltd
(AG2024/2399)
PROTECH GREENFIELD COAL – NEW SOUTH WALES NORTHERN DISTRICT ENTERPRISE AGREEMENT 2024
| Coal industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 10 JULY 2024 |
Application for approval of the Protech Greenfield Coal – New South Wales Northern District Enterprise Agreement 2024
An application has been made for the approval of an enterprise agreement known as the Protech Greenfield Coal – New South Wales Northern District Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Protech Personnel (NSW) Pty Ltd (the Applicant).
The Agreement is a greenfields agreement for the purposes of s172(4) of the Act as it was made under section 172(2)(b) with the Mining and Energy Union (MEU). The MEU is a relevant employee organisation as defined in s. 12 of the FW Act, as it is entitled to represent the industrial interests of one or more of the employees who will be covered by the Agreement.
The Commission is required to approve an enterprise agreement if an application is made under s.185 and the requirements set out in ss.186 and 187 are met.
I am satisfied that each of the requirements in ss.186 and 187, as relevant to this application, are met. I am satisfied that in accordance with s.187(5)(a) of the MEU 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 for the purposes of s.187(5)(b).
I note the Agreement covers the MEU in accordance with s.53(2)(b) of the Act.
The Agreement was approved on 10 July 2024 and, in accordance with s.54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement, in accordance with clause 4 of the Agreement, is 10 July 2027 which is three years from the date of approval.
DEPUTY PRESIDENT
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