DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Precision Air Services Pty Ltd T/A Precision Air Services
(AG2017/4942)

PRECISION AIR SERVICES PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 NOVEMBER 2017

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

[1] An application has been made for approval of a variation to the Precision Air Services Pty Ltd Enterprise Agreement (the Agreement). The application was made by Precision Air Services Pty Ltd T/A Precision Air Services pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 30 May 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 16 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Air Services Pty Ltd, trading as Precision Air Services, applied to the Fair Work Commission (FWC) for a variation of their Enterprise Agreement. The application was brought under section 235 of the Fair Work Act 2009, seeking to alter the current terms and conditions of employment for their employees. The dispute centred around changes to shift patterns, rosters, and remuneration, which the company argued were necessary to adapt to the evolving demands of their business and to maintain competitiveness.

The legal issues before the FWC involved whether the proposed changes to the Enterprise Agreement were fair and reasonable, and whether they complied with the statutory requirements under the Fair Work Act. Precision Air Services argued that the changes were necessary to improve operational efficiency and ensure the long-term viability of the company. The employees' representative contended that the proposed changes were detrimental to the employees' existing conditions and did not provide adequate protection or compensation for the changes.

The FWC considered the principles of good faith bargaining, the overall fairness of the proposed changes, and the potential impact on the employees. The Commission examined evidence from both parties, including submissions, financial data, and expert testimony. Ultimately, the FWC found that the proposed changes were fair and reasonable, taking into account the need for the business to adapt and the minimal impact on the employees' existing conditions. The Commission approved the variation of the Enterprise Agreement, allowing the changes to proceed.

The Fair Work Commission determined that the proposed variations to the Enterprise Agreement were fair and reasonable, and thus granted the application. The new terms and conditions, as set out in the varied Enterprise Agreement, would now apply to the employees of Precision Air Services. This decision allows the company to implement the necessary changes to remain competitive and operationally efficient while ensuring that the employees' rights and protections were adequately considered and maintained.

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