Prowess Solutions Pty Ltd

[2019] FWCA 6259

[2019] FWCA 6259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prowess Solutions Pty Ltd
(AG2019/2905)

PROWESS SOLUTIONS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Prowess Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 or herein as "Agreement".

[1] An application has been made for approval of a greenfields agreement known as the Prowess Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 or herein as “Agreement” (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Prowess Solutions Pty Ltd.

[1] The Employer 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. The undertakings form part of the Agreement.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[5] The Agreement was approved on 10 September 2019 and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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<AE505189  PR712137>

Annexure A