DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Air Electrical Pty Ltd
(AG2015/5903)

PRECISION AIR ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Precision Air Electrical Pty Ltd Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Precision Air Electrical Pty Ltd Single Enterprise Agreement 2015 (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 Applicant 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.

[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. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 13 November 2019.

COMMISSIONER

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 the approval of a Single Enterprise Agreement 2015. The application was contested by the Electrical Trades Union of Australia (ETUA). The nature of the dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically regarding minimum wage rates, penalty rates, and the classification of employees.

The legal issues before the commission included whether the proposed agreement met the requirements under the Fair Work Act 2009, including whether it provided for minimum terms and conditions, and whether it was fair and reasonable. The ETUA argued that the agreement did not adequately protect employees' interests and fell short of ensuring fair compensation.

The commission found that the proposed agreement did not provide for the minimum terms and conditions as required by the Fair Work Act. It determined that the agreement did not adequately address the classification of employees and the application of penalty rates. Consequently, the commission did not approve the agreement. The decision was grounded in the necessity to ensure that employees were fairly compensated and that the agreement adhered to the legislative standards set out by the Fair Work Act. The commission emphasised the importance of protecting employees' rights and interests in any enterprise 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