DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Administration Services Pty Ltd
(AG2016/1573)

PRECISION ADMINISTRATION SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Precision Administration Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Precision Administration Services Pty Ltd 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 Precision Administration Services 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Finance Sector Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Precision Administration Services Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Precision Administration Services Pty Ltd Enterprise Agreement 2016. The applicant, Precision Administration Services Pty Ltd, is an employer engaged in the provision of administrative services. The dispute concerns the terms and conditions of employment for the employees of the company, and the rights and obligations of both the employer and the employees under the proposed enterprise agreement. The Fair Work Commission, as the relevant industrial tribunal, was tasked with reviewing the agreement to ensure it met the legal standards and protected the rights of the employees.

The central legal issues before the Commission involved assessing whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on whether the agreement provided minimum terms and conditions that were not less favourable than the applicable award or safety net. Furthermore, the Commission had to determine if the agreement was made in good faith and whether it appropriately facilitated the resolution of workplace issues without the need for industrial action. The Commission also needed to consider whether the agreement adequately protected employees' rights, including provisions for consultation and the avoidance of unfair dismissals.

The Commission examined the provisions of the agreement and found that it satisfied the statutory requirements. It provided terms and conditions that were not less favourable than the relevant award and met the safety net standards. The agreement was made in good faith and facilitated the resolution of workplace issues effectively. The Commission was satisfied that the agreement adequately protected employees' rights, including provisions for consultation and mechanisms to avoid unfair dismissals. Consequently, the Commission approved the Precision Administration Services Pty Ltd Enterprise Agreement 2016.

The Fair Work Commission approved the Precision Administration Services Pty Ltd Enterprise Agreement 2016. This decision recognises the agreement as compliant with the Fair Work Act 2009, ensuring that it provides fair and reasonable terms and conditions of employment while facilitating the resolution of workplace issues in good faith.

Precision Administration Services 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