Protech Personnel (Nsw) Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Protech Personnel (NSW) Pty Ltd sought approval of the Protech Greenfield Coal – New South Wales Northern District Enterprise Agreement 2024. This agreement was intended to govern the employment conditions of workers in the coal industry within the specified district. The application came before the Commission as it needed to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met all statutory criteria, including provisions for minimum entitlements, the avoidance of adverse action, and the adherence to relevant industrial instruments. The Commission also needed to consider whether the agreement provided for proper consultation and representation of the employees involved. Additionally, the fairness and reasonableness of the agreement's terms, including wages, hours, and other conditions, were scrutinized to ensure they aligned with the overarching principles of the Fair Work Act.

After reviewing the submitted agreement, the Commission concluded that it met all statutory requirements and provided adequate protection for employees' rights. The agreement was found to offer fair and reasonable terms, ensuring compliance with the minimum standards set by the Fair Work Act. The Commission approved the Protech Greenfield Coal – New South Wales Northern District Enterprise Agreement 2024, thereby allowing it to come into effect. The approval was based on the comprehensive consultation process and the agreement's alignment with the principles of fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established