Precise Air Group Pty Ltd T/A Precise Air

[2022] FWCA 840

[2022] FWCA 840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Precise Air Group Pty Ltd T/A Precise Air

(AG2022/468)

Precise Fire Enterprise Agreement 2022 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 MARCH 2022

Application for approval of the Precise Fire Enterprise Agreement 2022 – 2026

1. An application has been made for approval of an enterprise agreement to be known as the Precise Fire Enterprise Agreement 2022 – 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Precise Air Group Pty Ltd T/A Precise Air (Employer). The Agreement is a single enterprise agreement.

1. There was an issue raised by the Commission with the Employer regarding a discrepancy between the year (“2025”) in the Agreement title of the NERR provided to the employees, and the year in the title of the Agreement (“2026”) lodged with the Commission.[1] Having regard to the submissions of the Employer provided on 9 March 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

1. The Commission also raised the with Employer concerns regarding the reference to apprentices in clause 4.1.2 of the Agreement. The Employer confirmed, in submissions provided on 9 March 2022 that this reference to apprentices is an oversight, and the Agreement does not cover or apply to apprentices.

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

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2022. The nominal expiry date of the Agreement is 10 March 2026.

DEPUTY PRESIDENT

[1] Noting the requirements of s.180(3) of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

[3] Ibid.

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