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austlii:cth/FWCA/2015/7779
procedural. The Precision Air Electrical Pty Ltd Single Enterprise Agreement 2015 was approved on 13 November 2015 and will operate from 20 November 2015, with a nominal expiry date of 13 November 2019.
The Fair Work Commission approved an enterprise agreement for Precision Air Electrical Pty Ltd. The company applied late (outside the 14-day deadline) but the Commission extended the time because it was fair to do so. The company provided written promises (undertakings) that met legal requirements. The agreement didn't cover all employees, but the Commission was satisfied the group covered was fairly chosen. The agreement was approved to operate from 20 November 2015 until 13 November 2019, and includes the standard consultation term required by law.
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2 cited instruments linked from this judgment.
s.185 - Enterprise agreement
PRECISION AIR ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2015
Application for approval of the Precision Air Electrical Pty Ltd Single Enterprise Agreement 2015.
[1] An application has been made for approval of an enterprise agreement known as the Precision Air Electrical Pty Ltd Single Enterprise Agreement 2015 (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 Electrical Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 13 November 2019.
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The Precision Air Electrical Pty Ltd Single Enterprise Agreement 2015 was approved on 13 November 2015 and will operate from 20 November 2015, with a nominal expiry date of 13 November 2019.