Protech Personnel Pty Ltd T/A Protech

[2024] FWCA 1984

[2024] FWCA 1984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Protech Personnel Pty Ltd T/A Protech

(AG2024/1728)

PROTECH COOMERA CONNECTOR CENTRAL CIVIL WORKS GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 30 MAY 2024

Application for approval of the Protech Coomera Connector Central Civil Works Greenfields Agreement 2024

1. An application has been made for the approval of a greenfields agreement known as the Protech Coomera Connector Central Civil Works Greenfields 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 Pty Ltd T/A Protech (the Applicant).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

1. I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

1. Noting clause 13.5 regarding compassionate leave of the Agreement, it was brought to the attention of the parties that this clause appear to be inconsistent with s.105(1)(b) and (c) of the Act respectively. However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) 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.

1. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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