DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protech Personnel (Vic) Pty Ltd
(AG2016/7023)

PROTECH PERSONNEL (VIC) P/L SITE SPECIFIC (YARRA TRAMS PRESTON DEPOT) METALS LABOUR HIRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the Protech Personnel (VIC) P/L Site Specific (Yarra Trams Preston Depot) Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Protech Personnel (VIC) P/L Site Specific (Yarra Trams Preston Depot) Metals Labour Hire Agreement 2016 (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 as are relevant to this application for approval have been met.

[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 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Protech Personnel (Vic) Pty Ltd was the subject of an application for the approval of a metals labour hire agreement made by the company, which involved the use of its employees at the Yarra Trams Preston Depot. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed labour hire agreement complied with the relevant statutory requirements and protected the rights of the employees involved. The Commission had to determine if the agreement appropriately addressed the terms and conditions of employment, including wages, entitlements, and the rights of the workers under the Fair Work Act 2009.

The Commission evaluated the agreement based on its consistency with the Fair Work Act and the Fair Work Regulations. Key considerations included the transparency of the agreement, the protection of employee rights, and the avoidance of any unfair or exploitative practices. The Commission examined whether the agreement provided for fair wages and conditions, including the protection of employees' rights to be free from discrimination and to have access to appropriate dispute resolution mechanisms. The Commission also assessed the terms of the agreement in relation to the specific operational needs of Yarra Trams Preston Depot.

After thorough consideration of the evidence and the statutory requirements, the Commission determined that the proposed labour hire agreement was generally compliant with the Fair Work Act and the Fair Work Regulations. The agreement was found to provide adequate protection for the employees' rights and interests, and it met the necessary standards for transparency and fairness. Consequently, the Commission approved the Protech Personnel (VIC) P/L Site Specific (Yarra Trams Preston Depot) Metals Labour Hire Agreement 2016, subject to certain conditions that were designed to ensure ongoing compliance and fairness.

No further orders were made by the Commission beyond the approval of the agreement, as the terms of the agreement itself were deemed sufficient to protect the employees' rights and interests. The approval was contingent upon Protech Personnel (Vic) Pty Ltd adhering to the specific conditions outlined by the Commission, which were aimed at maintaining the integrity of the agreement and the fair treatment of the workers.

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