Precision Administration Services Pty Ltd T/A Sunsuper Pty Ltd Summary

[2013] FWCA 3922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Precision Administration Services Pty Ltd T/A Sunsuper Pty Ltd
(AG2013/1530)

PRECISION ADMINISTRATION SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Banking finance and insurance industry
COMMISSIONER SIMPSON	BRISBANE, 20 JUNE 2013

Application for approval of the Precision Administration Services Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Precision Administration Services Pty Ltd Enterprise Agreement 2013 (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 T/A Sunsuper 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.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 June 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Precision Administration Services Pty Ltd T/A Sunsuper Pty Ltd for the approval of the Precision Administration Services Pty Ltd Enterprise Agreement 2013. The application was brought under the Fair Work Act 2009, and the Fair Work Commission was the tribunal involved in the case. The dispute centred around the validity and enforceability of the enterprise agreement, with various issues raised by the parties concerning the agreement's provisions.

The primary legal issues that the court had to address were whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009, and if it contained appropriate mechanisms for the resolution of disputes. Additionally, the court had to consider if the agreement had been fairly and genuinely negotiated between the employer and the employees, as well as if it contained terms and conditions that were in line with the objectives of the Act. Furthermore, the court had to determine if the agreement provided for minimum wages and conditions for employees as required by the Act.

In reaching its decision, the court thoroughly examined the provisions of the agreement and considered the evidence presented by both parties. The court found that the agreement complied with the statutory requirements of the Fair Work Act 2009, and contained appropriate mechanisms for the resolution of disputes. It was determined that the agreement had been fairly and genuinely negotiated between the employer and the employees, and that it provided for minimum wages and conditions as required by the Act. Consequently, the court approved the Precision Administration Services Pty Ltd Enterprise Agreement 2013, thereby allowing it to be registered and enforced.

The final orders of the court included the approval of the Precision Administration Services Pty Ltd Enterprise Agreement 2013, its registration with the Fair Work Commission, and the enforcement of its terms and conditions for the duration specified in the agreement. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement was valid, enforceable, and in line with the objectives of the Fair Work Act 2009.

Precision Administration Services Pty Ltd T/A Sunsuper Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established