Exact Contracting Services Pty Ltd T/A Exact Contracting Services Pty Ltd Summary

[2022] FWCA 313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Exact Contracting Services Pty Ltd T/A Exact Contracting Services Pty Ltd

(AG2021/9190)

Exact Contracting Services Enterprise Agreement 2021

Mining industry
COMMISSIONER WILSON	MELBOURNE, 2 FEBRUARY 2022

Application for approval of the Exact Contracting Services Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Exact Contracting Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Exact Contracting Services Pty Ltd T/A Exact Contracting Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2022. The nominal expiry date of the Agreement is 2 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Exact Contracting Services Pty Ltd, trading as Exact Contracting Services Pty Ltd, applied for the approval of the Exact Contracting Services Enterprise Agreement 2021 before the Fair Work Commission. The application was brought under the Fair Work Act 2009, seeking the Commission’s approval of the proposed enterprise agreement that would govern the employment terms of the company’s employees. The dispute centred on the compliance of the agreement with the statutory requirements and the process of its negotiation.

The legal issues that the Commission needed to address included whether the agreement was fairly negotiated, whether it contained all the mandatory terms required by the Fair Work Act, and whether the agreement would have a detrimental effect on employees. Furthermore, the Commission considered if the agreement was in the best interest of the employees and if it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement was fairly negotiated, contained all the necessary mandatory terms, and did not have an adverse effect on the employees. The agreement was also deemed to be in the best interest of the employees and aligned with the principles of the Fair Work Act. The Commission approved the agreement, ensuring that it would be binding on the employees and the employer.

The Fair Work Commission approved the Exact Contracting Services Enterprise Agreement 2021, making it a legally binding document between the employer and the employees. This approval ensures that the terms of the agreement, including wages, conditions of employment, and other relevant provisions, will govern the employment relationship moving forward.

Exact Contracting Services Pty Ltd T/A Exact Contracting Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established