Precise Air Group Pty Ltd

[2022] FWCA 210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precise Air Group Pty Ltd

(AG2021/9250)

Precise Air Group Pty Ltd Enterprise Agreement 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 25 JANUARY 2022

Application for approval of the Precise Air Group Pty Ltd Enterprise Agreement 2021 - 2025.

An application has been made for approval of an enterprise agreement known as the Precise Air Group Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precise Air Group 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2022. The nominal expiry date of the Agreement is 24 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precise Air Group Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement with its employees for the period 2021 to 2025. The agreement sought to set out the terms and conditions of employment for the employees, including matters such as pay rates, hours of work, leave entitlements, and other workplace arrangements. The dispute centred around the fairness and reasonableness of the proposed agreement under the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement met the procedural requirements for approval under the Fair Work Act and whether the terms and conditions of the agreement were fair and reasonable. The Commission considered whether the agreement had been negotiated in good faith, whether it had been properly certified by an independent certifier, and whether it contained terms that were not reasonably capable of being characterised as terms and conditions of employment.

The Fair Work Commission found that the proposed agreement met the procedural requirements for approval and was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and had been properly certified by an independent certifier. The Commission also found that the terms and conditions of the agreement were not unreasonable and were capable of being characterised as terms and conditions of employment. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission's decision to approve the proposed agreement provides clarity for the parties and ensures that the terms and conditions of employment for the employees are set out in a fair and reasonable manner. The Commission's approval of the agreement, subject to certain modifications, ensures that the agreement complies with the requirements of the Fair Work Act and provides a basis for the parties to move forward with the implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established