DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Air Electrical Pty Ltd
(AG2020/2058)

PRECISION AIR ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 AUGUST 2020

Application for approval of the Precision Air Electrical Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Precision Air Electrical Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precision Air Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2020. The nominal expiry date of the Agreement is 17 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precision Air Electrical Pty Ltd applied to the Fair Work Commission for approval of a Single Enterprise Agreement. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the company, as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment. This required an assessment of various provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions. The Commission also had to consider whether the agreement complied with the procedural requirements of the Act, including the necessity for genuine bargaining and the provision of necessary information to the parties involved.

In its decision, the Commission found that the proposed agreement did indeed meet the statutory criteria for approval. The Commission noted that the agreement had been the product of genuine bargaining between the employer and the employee representatives. It was also found to provide for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the workplace. The Commission concluded that the agreement was in compliance with the requirements of the Act and was therefore eligible for approval.

The Fair Work Commission approved the Precision Air Electrical Pty Ltd Single Enterprise Agreement 2020. This decision was made on the basis that the agreement had been genuinely bargained, provided for fair and reasonable terms and conditions of employment, and complied with the procedural requirements of the Fair Work Act 2009. The agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement.

Precision Air Electrical 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