DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protech Personnel (Vic) Pty Ltd
(AG2017/3187)

PROTECH PERSONNEL (VIC) P/L SITE SPECIFIC (DOWNER RAIL VICTORIA) METALS LABOUR HIRE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 11 OCTOBER 2017

Application for approval of the Protech Personnel (Vic) P/L Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Protech Personnel (Vic) P/L Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2017 (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 Applicant 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.

[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 18 October 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Protech Personnel (Vic) Pty Ltd recently appeared before the Fair Work Commission to seek approval for their Site Specific (Downer Rail Victoria) Metals Labour Hire Agreement 2017. The dispute centred around the proposed agreement's compliance with Australian labour laws and its implications for the employees who would be covered by it.

The central legal issues for the court to determine were whether the agreement met the necessary standards for site-specific labour hire agreements as stipulated under the Fair Work Act 2009 and if it provided adequate protections and entitlements to the workers involved. The court had to consider various factors, including the agreement's fairness, the process by which it was negotiated, and its alignment with broader labour standards.

The Fair Work Commission, after reviewing the agreement and the submissions from both parties, found that the proposed labour hire agreement was compliant with the legislative requirements. The court noted that the agreement was negotiated in good faith and provided appropriate protections for the workers. The Commission highlighted the importance of ensuring that labour hire arrangements do not undermine the rights and conditions of employees, and found that the agreement in question met these criteria. Consequently, the court approved the agreement, recognising its adherence to the necessary legal standards and its balanced approach to the rights of both employers and employees.

No further orders were made by the court as the primary objective of the application was achieved through the approval of the agreement. The decision underscores the importance of ensuring that labour hire agreements are fair and equitable, protecting the interests of both employers and employees within the framework of Australian labour law.

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