Precision Air Pty Ltd Summary

[2013] FWCA 9490

FAIR WORK COMMISSION

DECISION

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

Precision Air Pty Ltd
(AG2013/9974)

PRECISION AIR PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 DECEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Precision Air Pty Ltd Enterprise Agreement (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 Pty Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 25 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, Precision Air Pty Limited, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 December 2016.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Precision Air Pty Ltd recently appeared before the Fair Work Commission to seek approval of an Enterprise Agreement. The dispute involved the terms and conditions of employment for the company's employees, including issues such as wages, working hours, and other employment-related matters. The Commission was tasked with determining whether the proposed agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement met the criteria for 'simplification', 'clarification', and 'flexibility' as mandated by the Fair Work Act. Additionally, the Commission had to assess if the agreement adequately addressed the 'better off overall test', ensuring that employees were not worse off financially compared to their previous conditions.

The Fair Work Commission examined the proposed agreement meticulously, considering the arguments presented by both Precision Air Pty Ltd and the union representing the employees. The Commission concluded that the agreement achieved the desired simplification and clarification of employment terms, and it offered sufficient flexibility to accommodate future changes in the business environment. Importantly, the Commission found that the agreement met the 'better off overall test', providing employees with enhanced conditions and protections without any financial detriment.

As a result, the Fair Work Commission approved the Precision Air Pty Ltd Enterprise Agreement, allowing it to take effect from the specified date. This decision ensures that the employees of Precision Air Pty Ltd will operate under a modernised and fair set of employment terms, balancing the interests of both the employer and the employees.

Precision Air Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established