Protech Personnel Pty Ltd T/A Protech Summary

[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

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).

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

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

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.

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Protech Personnel Pty Ltd, trading as Protech, applied for approval of the Protech Coomera Connector Central Civil Works Greenfields Agreement 2024, which was filed with the Fair Work Commission. The matter was heard before the Commission and involved the approval of an enterprise agreement that had been negotiated between Protech and its employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues for determination were whether the agreement was a genuine enterprise agreement, if it contained the mandated minimum terms and conditions as per the Act, and whether the agreement was made in good faith and in the best interests of the employees. Additionally, the Commission had to consider if the agreement was free from any improper influence or coercion.

In its decision, the Commission found that the Protech Coomera Connector Central Civil Works Greenfields Agreement 2024 satisfied the legislative criteria for approval. The agreement was deemed to be genuinely negotiated between Protech and its employees, and it contained the minimum terms and conditions required by law. The Commission also determined that the agreement was made in good faith and represented the best interests of the employees. There was no evidence presented to suggest any improper influence or coercion in the negotiation process. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Protech Coomera Connector Central Civil Works Greenfields Agreement 2024 be approved and registered with the Fair Work Commission, effective from the date of the decision. This approval allows the agreement to be implemented, governing the employment terms and conditions for the relevant employees of Protech.

Protech Personnel Pty Ltd T/A Protech

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established