Precept Services Pty Ltd

[2023] FWCA 412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precept Services Pty Ltd

(AG2023/74)

Precept Services Pty Ltd Enterprise Agreement 2022-2026

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2023

Application for approval of the Precept Services Pty Ltd Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Precept Services Pty Ltd Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precept Services Pty Ltd. The Agreement is a single enterprise agreement.

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 are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2023. The nominal expiry date of the Agreement is 16 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Precept Services Pty Ltd applied for approval of the Precept Services Pty Ltd Enterprise Agreement 2022-2026. The application arose as a result of the employer and the Australian Manufacturing Workers’ Union negotiating a new enterprise agreement for employees. The nature of the dispute centred around the fairness and compliance of the proposed agreement with relevant industrial and legislative standards. The court had to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions for minimum employment standards, dispute resolution mechanisms, and the process through which the agreement was negotiated.

The legal issues before the court included whether the agreement contained all mandatory terms and conditions as stipulated by the Fair Work Act, whether it provided for fair and reasonable dispute resolution processes, and whether the negotiation process adhered to the procedural fairness principles. Additionally, the court had to consider whether the agreement was made in good faith and whether it was free from any coercion or undue influence.

The court examined the provisions of the agreement and the evidence provided regarding the negotiation process. It found that the agreement met all the mandatory requirements of the Fair Work Act, including provisions for minimum wages, leave entitlements, and other conditions of employment. The court also concluded that the dispute resolution mechanisms were fair and reasonable. Furthermore, it was determined that the agreement was negotiated in good faith and without any coercion. Consequently, the court approved the Precept Services Pty Ltd Enterprise Agreement 2022-2026, finding it to be compliant with the relevant legislative standards. The final orders of the court confirmed the approval of the agreement, effective from the specified period outlined in the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established