DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protech Personnel (VIC) Pty Ltd
(AG2019/4443)

AMWU AND PROTECH PERSONNEL (VIC) P/L SITE SPECIFIC (YARRA TRAMS) METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 5 DECEMBER 2019

Application for approval of the AMWU and Protech Personnel (Vic) P/L Site Specific (Yarra Trams) 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 (Yarra Trams) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 12 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Protech Personnel (VIC) Pty Ltd was the subject of an application before the Fair Work Commission, where the Australian Manufacturing Workers' Union (AMWU) sought approval for a Site Specific (Yarra Trams) Metals Labour Hire Agreement 2019-2023. The dispute centred around the terms of the proposed agreement, which both parties intended to cover employment conditions for workers hired by Protech and subsequently employed by Yarra Trams. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions.

The primary legal issue before the Commission was whether the proposed agreement provided adequate protections for the employees and whether it met the statutory criteria for approval under the Fair Work Act 2009. This involved examining the specific terms and conditions of the agreement, including the rates of pay, entitlements, and dispute resolution mechanisms, to ensure they were fair and reasonable. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of the employer and the employees, particularly in light of the labour hire arrangements.

In its reasoning, the Commission found that the proposed agreement did not adequately protect the employees, particularly in relation to the rates of pay and the dispute resolution provisions. The Commission noted that while the agreement contained provisions for the resolution of disputes, these were not sufficient to ensure fair and effective resolution of employment issues. Furthermore, the Commission determined that the agreement did not provide adequate protections for employees in terms of overtime and penalty rates. Consequently, the Commission decided not to approve the agreement, as it did not meet the statutory criteria for being in the best interests of the employees.

The Commission's decision was based on the conclusion that the proposed agreement failed to provide adequate protections for the employees under the labour hire arrangement. The final orders of the Commission were that the Site Specific (Yarra Trams) Metals Labour Hire Agreement 2019-2023 was not approved, and the parties were directed to negotiate further to address the deficiencies identified by the Commission.

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