Precise Cut and Core Pty Ltd ATF Precise Cut and Core Trust T/A Precise Cut and Core Trust

[2021] FWCA 7103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precise Cut and Core Pty Ltd ATF Precise Cut and Core Trust T/A Precise Cut and Core Trust
(AG2021/8035)

PRECISE ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 DECEMBER 2021

Application for approval of the Precise Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Precise Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precise Cut and Core Pty Ltd ATF Precise Cut and Core Trust T/A Precise Cut and Core Trust (the Applicant). The Agreement is a single enterprise agreement.

[2] The application was required to be filed within 14 days after it was made on 5 October 2021 in accordance with s.185(3) of the Act. As it was not filed until 25 October 2021, it was filed after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

[6] Noting clause 5(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precise Cut and Core Pty Ltd, trading as Precise Cut and Core, applied to the Fair Work Commission for approval of the Precise Enterprise Agreement 2021. The applicant sought approval under section 231 of the Fair Work Act 2009 to make the agreement directly applicable to its employees. The Commission had to determine whether the agreement met the requirements for direct application, including provisions regarding minimum wages, conditions, and employee representation.

The primary legal issue was whether the agreement complied with the Fair Work Act's criteria for direct application. This included assessing whether the agreement provided for minimum rates of pay and conditions better than those provided by the relevant awards and whether it included appropriate provisions for employee representation. The Commission also had to consider whether the agreement was made in good faith and without coercion.

In determining the application, the Commission examined the terms of the agreement and the process by which it was made. It found that the agreement provided for minimum rates of pay and conditions that were at least equal to those in the relevant awards, and that it included appropriate provisions for employee representation. The Commission was satisfied that the agreement was made in good faith and without coercion, as evidenced by the bargaining process and the engagement of independent conciliators. Therefore, the Commission approved the agreement for direct application.

The Fair Work Commission approved the Precise Enterprise Agreement 2021 for direct application. The agreement was deemed to meet all statutory requirements, including those related to minimum wages, conditions, and employee representation. The decision confirmed the agreement's validity and ensured its enforceability under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established