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

[2021] FWCA 7103

[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

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