DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Air Services Pty Limited
(AG2017/1278)

PRECISION AIR SERVICES PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Precision Air Services 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 Services Pty Limited T/As Precision Air Services. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2017. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precision Air Services Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement, which had been negotiated with the Australian Licensed Aircraft Technicians Association. The applicant is an air services provider, and the union represents the licensed aircraft technicians employed by the company. The union and the company had reached an agreement on various terms and conditions of employment, which they sought to have recognised and enforced through the enterprise agreement.

The legal issues before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it contained the mandated minimum terms and conditions, and whether it had been genuinely negotiated and not imposed. Additionally, the Commission needed to assess if the agreement was procedurally sound, ensuring it was made in good faith and without coercion.

The Fair Work Commission found that the agreement complied with the statutory requirements. The Commission was satisfied that the agreement contained all the mandated minimum terms and conditions and was genuinely negotiated. The evidence presented showed that the agreement had been made in good faith, without any coercion, and all procedural fairness had been observed. Therefore, the Commission approved the enterprise agreement.

The Commission's decision was that the Precision Air Services Pty Ltd Enterprise Agreement be approved. The agreement was certified and would apply to the employees represented by the union, effective from the date of the decision. This outcome ensured that the terms and conditions set out in the agreement would be legally binding and enforceable.

Precision Air Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established