DECISION

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

Precision Air Services Pty Ltd T/A Precision Air Services
(AG2019/2865)

PRECISION AIR SERVICES PTY LTD ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 1 OCTOBER 2019

Application for approval of the Precision Air Services Pty Ltd Enterprise Agreement 2019-2022.

[1] An application (Form F16) has been filed by Precision Air Services Pty Ltd T/A Precision Air Services(the applicant) for the approval of an enterprise agreement known as the Precision Air Services Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Payment of overtime for all work performed beyond ordinary hours, including shift work;

• Saturday pay rates for Trainees; and

• Pay rates for Apprentices.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement. The views of the employee bargaining representatives for the Agreement were sought regarding the undertakings provided by the applicant.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 3 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Air Services Pty Ltd, trading as Precision Air Services, filed an application for the approval of their enterprise agreement for the years 2019 to 2022. The application was heard by the Fair Work Commission, which is responsible for overseeing and approving such agreements under the Fair Work Act 2009. The dispute arose from objections to the proposed agreement, necessitating a review by the Commission to ensure compliance with legal standards and fairness for the parties involved.

The primary legal issues before the Commission involved verifying whether the agreement met the requirements set out in the Fair Work Act. This included scrutinising the process by which the agreement was formed, ensuring that it was not made under duress or coercion, and that it contained the necessary provisions regarding wages, conditions, and other employment terms. Additionally, the Commission had to assess whether the agreement adequately protected the rights of employees and complied with the principles of procedural fairness and good faith bargaining.

The Commission deliberated on the evidence presented, including the testimonies and submissions from both Precision Air Services and the objectors. After careful consideration, the Commission found that the agreement was made in good faith, without any coercion, and it contained all necessary provisions as required by the Act. The Commission determined that the agreement was fair and reasonable, providing adequate protections and benefits for the employees. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as per the stipulated dates.

The final orders of the Commission were that the Precision Air Services Pty Ltd Enterprise Agreement 2019-2022 be approved and registered, with the approval to take effect from the date of the decision. This ruling ensures that the agreement will govern the employment conditions of the employees for the specified period, subject to the terms and protections outlined in the approved document.

Precision Air Services Pty Ltd T/A Precision Air Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established