| [2024] FWCA 429 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Protech Personnel (Vic) Pty Ltd
(AG2023/5348)
AMWU AND PROTECH PERSONNEL (VIC) PTY LTD SITE SPECIFIC (DOWNER RAIL VICTORIA) METALS LABOUR HIRE AGREEMENT 2023-2026
| Manufacturing and associated industries | |
| COMMISSIONER MATHESON | SYDNEY, 31 JANUARY 2024 |
Application for approval of the AMWU and Protech Personnel (Vic) Pty Ltd Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2023-2026
An application has been made for approval of an enterprise agreement known as the AMWU and Protech Personnel (Vic) Pty Ltd Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2023-2026 (Agreement). The application was made by Protech Personnel (VIC) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given 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 that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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<AE523374 PR770792>
Annexure A
- AGLC
- Protech Personnel (Vic) Pty Ltd [2024] FWCA 429
- Case
- [2024] FWCA 429
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the Commission needed to address were whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009, particularly in terms of fairness, and whether it adhered to the relevant provisions regarding labour hire agreements. This included examining the agreement's provisions on wages, conditions, and the rights and obligations of both the employer and the employees under the agreement.
In delivering its decision, the Commission closely analysed the terms of the agreement, considering its alignment with the legislative framework and the broader principles of fairness. The Commission found that the agreement was comprehensive and provided adequate protections for the workers involved. The decision highlighted the agreement's compliance with the Fair Work Act, particularly in ensuring that the workers engaged through Protech Personnel (Vic) Pty Ltd would receive equitable treatment in terms of pay and conditions. Consequently, the Commission approved the agreement, recognising its alignment with statutory standards and its potential to facilitate fair labour practices in the labour hire industry.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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