DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precise Cut & Core Pty Ltd
(AG2016/1230)

PRECISE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Precise Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Precise Enterprise Agreement 2016 (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 & Core Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 21 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precise Cut & Core Pty Ltd applied to the Fair Work Commission for approval of the Precise Enterprise Agreement 2016. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the provisions of the Act and whether it was in the best interests of the employees.

The Commission found that the agreement met the requirements of the Act, including provisions relating to minimum wages and conditions, the protection of employees' rights, and the process for resolving disputes. The Commission also considered the views of the employees, who had voted in favour of the agreement, and concluded that it was in their best interests. The Union's arguments were rejected as lacking merit. The Commission approved the agreement, finding that it was a valid and effective enterprise agreement.

The Fair Work Commission approved the Precise Enterprise Agreement 2016, finding it to be a valid and effective agreement that met the requirements of the Fair Work Act 2009. The decision provides guidance on the application of the Act to enterprise agreements and the importance of considering the views of employees in the approval process. The Union's application for review of the decision was subsequently dismissed by the Federal Court.

Precise Cut & Core Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established