Pandamich Pty Ltd T/A Steamatic

[2021] FWCA 4999

[2021] FWCA 4999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pandamich Pty Ltd T/A Steamatic
(AG2021/6477)

PANDAMICH PTY LTD ENTERPRISE AGREEMENT 2021

Cleaning services
COMMISSIONER YILMAZ	MELBOURNE, 12 AUGUST 2021

Application for approval of the Pandamich Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Pandamich Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pandamich Pty Ltd T/A Steamatic. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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] The Agreement is approved and in accordance with s.54, will operate from 19 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A