Precision Multiservice Pty Ltd T/A Precision Drainage Summary

[2014] FWCA 2807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Multiservice Pty Ltd T/A Precision Drainage
(AG2014/5725)

PRECISION DRAINAGE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 MAY 2014

Application for approval of the Precision Drainage Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Precision Drainage Enterprise Agreement 2014 (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.

[2] 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.

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Multiservice Pty Ltd, trading as Precision Drainage, applied for the approval of the Precision Drainage Enterprise Agreement 2014, which was made under section 180 of the Fair Work Act 2009. The application was heard by the Fair Work Commission. The primary concern of the application was whether the agreement met the requirements set out in the Fair Work Act, specifically focusing on its fairness and compliance with the legislative standards.

The legal issues before the Commission involved ensuring that the agreement provided for fair and reasonable terms of employment, which included the determination of wages, conditions, and other employment terms. The Commission also had to consider whether the agreement was free from coercion and whether it provided for a fair process for resolving disputes between employees and employers.

The Commission found that the Precision Drainage Enterprise Agreement 2014 met the necessary requirements for approval. It concluded that the agreement provided for fair and reasonable terms of employment, was free from coercion, and included provisions for the resolution of disputes. The Commission noted the input of the relevant union representatives and the employer's willingness to negotiate in good faith. After considering all the evidence and arguments, the Commission was satisfied that the agreement was fair and met the legislative standards.

The Fair Work Commission approved the Precision Drainage Enterprise Agreement 2014, effective from the date of the decision. The agreement was to remain in force until the earlier of the date it was terminated in accordance with its terms, or the date it was replaced by a new agreement. The approval was contingent upon the agreement being registered with the Registrar of the Fair Work Commission within the specified timeframe.

Precision Multiservice Pty Ltd T/A Precision Drainage

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established