DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precise Air Group Pty Ltd T/A Precise Air
(AG2015/7086)

PRECISE AIR GROUP PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Precise Air Group Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Precise Air Group Pty Ltd Enterprise Agreement 2015-2019 (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 T/A Precise Air. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2016. The nominal expiry date of the Agreement is 11 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Precise Air Group Pty Ltd Enterprise Agreement 2015-2019, the Fair Work Commission was tasked with reviewing the proposed agreement. The application was made by Precise Air Group Pty Ltd, trading as Precise Air, and involved the negotiation of terms and conditions of employment for its employees. The nature of the dispute centred around the adequacy and fairness of the proposed agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the statutory criteria for approval, including provisions related to wages, hours of work, and other employment conditions.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the Fair Work Act. Specifically, the Commission had to consider whether the agreement included adequate provisions for minimum wages, penalty rates, and other entitlements as required by the Act. The Commission also needed to assess whether the agreement had been made in good faith and whether it provided for a fair process for resolving disputes.

In delivering its decision, the Fair Work Commission determined that the proposed enterprise agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate provisions for wages and other entitlements. The Commission also concluded that the agreement had been made in good faith and provided for an appropriate process for resolving disputes. As a result, the Commission approved the Precise Air Group Pty Ltd Enterprise Agreement 2015-2019, deeming it to be a lawful and effective agreement under the Fair Work Act. The final orders included the registration of the agreement, effective from the date of the decision, ensuring that it would govern the employment terms of the parties for the specified period.

Precise Air Group Pty Ltd T/A Precise Air

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established