Protech Personnel (WA) Pty Ltd
[2022] FWCA 2167
•29 JUNE 2022
| [2022] FWCA 2167 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Protech Personnel (WA) Pty Ltd
(AG2022/1880)
Protech Personnel (WA) Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 29 JUNE 2022 |
Application for approval of the Protech Personnel (WA) Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Agreement 2022
Protech Personnel (WA) Pty Ltd has made an application for the approval of an enterprise agreement known as the Protech Personnel (WA) Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Construction, Forestry, Maritime, Mining and Energy Union and The Australian Workers’ Union (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.
The Agreement was approved on 29 June 2022 and, in accordance with s 54, will operate from 6 July 2022. The nominal expiry date of the Agreement is 29 June 2026.
DEPUTY PRESIDENT
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Annexure A
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