DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protech Personnel (VIC) Pty Ltd
(AG2019/4297)

AMWU AND PROTECH PERSONNEL (VIC) P/L SITE SPECIFIC (DOWNER RAIL VICTORIA) METALS LABOUR HIRE AGREEMENT 2019-2023.

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the AMWU and Protech Personnel (Vic) P/L Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Protech Personnel (Vic) P/L Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2019-2023 (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 (VIC) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Protech Personnel (VIC) Pty Ltd, an employer, sought approval from the Fair Work Commission for the Australian Manufacturing Workers Union (AMWU) and Protech Personnel (Vic) P/L Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2019-2023. The AMWU, the union representing the employees, was also a party to the application. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Fair Work Commission, presided over by Commissioner M. D. Ryan, was tasked with deciding these issues.

The court had to consider whether the agreement met the criteria for approval as set out in the Fair Work Act, including whether it provided for the fair treatment of employees and whether it was made in good faith. Additionally, the court needed to assess whether the agreement was genuinely site-specific and whether the process leading to its formation was fair and appropriate. The commission also needed to determine whether the agreement adequately protected employees' rights and interests, particularly given the specific nature of labour hire arrangements.

After a thorough examination of the evidence and arguments presented by both parties, the commission concluded that the agreement was fair and appropriate. It was found to be genuinely site-specific and made in good faith, with adequate protections for employees. The commission approved the agreement, highlighting its compliance with the requirements of the Fair Work Act and its alignment with the interests of the employees. The union and the employer were directed to take all necessary steps to implement the approved agreement.

Protech Personnel (VIC) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established