Precept Services Pty Ltd

[2018] FWCA 7484

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Precept Services Pty Ltd

(AG2018/3371)

Precept Services Pty Ltd Enterprise Agreement 2018 - 2022

Electrical contracting industry
Commissioner Lee	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Precept Services Pty Ltd Enterprise Agreement 2018 - 2022.

An application has been made for approval of an enterprise agreement known as the Precept Services Pty Ltd Enterprise Agreement 2018 - 2022 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2018. The nominal expiry date of the Agreement is 6 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precept Services Pty Ltd sought approval of an enterprise agreement from 2018 to 2022. The application was before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal criteria for approval. The primary dispute revolved around the procedural fairness and the proper implementation of the agreement, including issues related to the negotiation process and the agreement's compliance with relevant industrial laws.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the relevant employee representatives, if it contained all the necessary terms as required by law, and if the process leading to the agreement was procedurally fair. The Commission also had to consider whether the agreement complied with the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement.

In examining these issues, the Commission concluded that the agreement had been genuinely negotiated and contained all the necessary terms. The process leading to the agreement was deemed to be procedurally fair, and the agreement satisfied the better off overall test. The Commission approved the enterprise agreement, recognising it as a valid and enforceable contract between Precept Services Pty Ltd and the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established