Protech Personnel (NSW) Pty Ltd Summary

[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

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.

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

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Protech Personnel (NSW) Pty Ltd, sought approval of the Protech Personnel (NSW) Pty Ltd and CFMEU ACT Demolition, Civil and Infrastructure Sectors Agreement 2022. The Federal Court was tasked with assessing the application. The core legal issues revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith.

The court examined the content and negotiation process of the agreement, taking into account submissions from both parties. It considered whether the agreement was made in good faith, whether it contained terms that were fair and reasonable, and whether it provided adequate protections for employees. The applicant argued that the agreement was a product of genuine bargaining and that it contained fair terms for both employers and employees. The respondent, however, contended that certain provisions were not fair and reasonable and that the agreement was not made in good faith.

The court found that the agreement was made in good faith and contained fair and reasonable terms. It concluded that the negotiation process was robust and that the agreement provided adequate protections for employees. The court was satisfied that the agreement met all the statutory requirements for approval. Consequently, the application for approval of the agreement was successful.

The court ordered the approval of the Protech Personnel (NSW) Pty Ltd and CFMEU ACT Demolition, Civil and Infrastructure Sectors Agreement 2022, effective from the date of the court's decision. This approval ensures that the agreement can be used as a basis for employment in the specified sectors, subject to compliance with the Fair Work Act 2009.

Protech Personnel (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established