Precise Air Group Pty Ltd T/A Precise Air Summary

[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

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.

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]

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.

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.

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

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precise Air Group Pty Ltd, trading as Precise Air, applied to the Fair Work Commission for the approval of the Precise Fire Enterprise Agreement 2022 – 2026. The application was made under section 235 of the Fair Work Act 2009. The Commission was required to determine whether the agreement should be approved, and if so, whether it should be registered as a single enterprise agreement or as a multi-enterprise agreement. The dispute centred on whether the agreement met the legal criteria for approval, including fairness, efficiency, and the absence of any discriminatory provisions.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly regarding its fairness and suitability for approval. The Commission had to consider whether the agreement was free from any discriminatory terms and whether it adequately provided for the rights, benefits, and obligations of the parties. Additionally, the Commission examined whether the agreement was the product of genuine bargaining and whether it could be reasonably considered to be in the best interests of the employees covered by the agreement.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the agreement was fair and suitable for approval. The Commission found that the agreement was the product of genuine bargaining, met the requirements of the Fair Work Act, and did not contain any discriminatory provisions. The Commission also concluded that the agreement was in the best interests of the employees and that it was appropriate for it to be registered as a single enterprise agreement. The Commission approved the agreement and ordered its registration, providing a detailed rationale for its decision and the conditions under which the agreement would operate.

The Fair Work Commission's final order was that the Precise Fire Enterprise Agreement 2022 – 2026 be approved and registered as a single enterprise agreement, effective from the date of the decision. The agreement was to cover all employees of Precise Air Group Pty Ltd who were employed under the agreement and would operate in accordance with the terms and conditions set out in the document. The Commission's decision was based on its determination that the agreement was fair and suitable for approval and that it met all the necessary legal criteria.

Precise Air Group Pty Ltd T/A Precise Air

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established