Protech Personnel (NSW) Pty Ltd

Case

[2024] FWCA 2431

1 JULY 2024


[2024] FWCA 2431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Protech Personnel (NSW) Pty Ltd

(AG2024/2163)

PROTECH PERSONNEL (NSW) PTY LTD AND CFMEU ACT DEMOLITION, CIVIL AND INFRASTRUCTURE SECTORS AGREEMENT 2022

Building, metal and civil construction industries

DEPUTY PRESIDENT ROBERTS

SYDNEY, 1 JULY 2024

Application for approval of the Protech Personnel (NSW) Pty Ltd and CFMEU ACT Demolition, Civil and Infrastructure Sectors Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Protech Personnel (NSW) Pty Ltd and CFMEU ACT Demolition, Civil and Infrastructure Sectors Agreement 2022 (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 single enterprise agreement.

  1. I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

  1. I note that Clause 6.5 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

  1. The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 November 2024.

DEPUTY PRESIDENT

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