Protech Personnel (WA) Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Protech Personnel (WA) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA) and the Australian Workers Union (Metronet & Civil Projects) applied to the Fair Work Commission for the approval of their enterprise agreement. The agreement was intended to cover employees who are employed or engaged by Protech Personnel (WA) Pty Ltd, or by an entity to which a contract of employment has been assigned or transferred by Protech Personnel (WA) Pty Ltd. The dispute was heard by the Fair Work Commission.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections 230 and 231. These sections require that the agreement provides for a fair and reasonable rate of pay, and that the agreement does not undermine the right to free bargaining and does not have an adverse effect on the broader industrial system. The Commission needed to assess if the agreement met these criteria.

The Commission found that the proposed agreement provided for a fair and reasonable rate of pay and did not undermine the right to free bargaining or have an adverse effect on the broader industrial system. The agreement included provisions for the payment of overtime, shift loadings, and penalty rates, which the Commission considered to be fair and reasonable. The Commission also noted that the agreement provided for a dispute resolution process that would enable the parties to resolve any issues that may arise under the agreement. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Protech Personnel (WA) Pty Ltd and CFMEU (WA) and AWU (Metronet & Civil Projects) Agreement 2022. The Commission found that the agreement met the requirements of the Fair Work Act 2009, and that it provided for a fair and reasonable rate of pay and did not undermine the right to free bargaining or have an adverse effect on the broader industrial system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established