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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pandamich Pty Ltd T/A Steamatic applied for the approval of the Pandamich Pty Ltd Enterprise Agreement 2021. The application was heard by the Fair Work Commission, which is responsible for regulating Australian workplace relations. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including whether it provided for a fair and reasonable terms and conditions for the employees of Pandamich Pty Ltd. The primary legal issues the Commission had to address were whether the agreement contained provisions that complied with the statutory minimum entitlements and whether the agreement was genuinely negotiated between the employer and the employees.

The Fair Work Commission examined the agreement's provisions and determined that it did not include a clause for paid meal breaks, which was a statutory minimum entitlement under the Fair Work Act. The Commission also found that the agreement failed to adequately address the issue of shift penalties, which was another statutory minimum entitlement. Furthermore, the Commission questioned the genuineness of the negotiation process, as the agreement appeared to have been drafted by the employer without meaningful input from the employees. These findings led the Commission to conclude that the agreement did not meet the statutory requirements for approval.

As a result of these findings, the Fair Work Commission dismissed the application for approval of the Pandamich Pty Ltd Enterprise Agreement 2021. The Commission ordered that the agreement be returned to the parties for amendment, with specific instructions to include provisions for paid meal breaks and shift penalties, as well as to ensure that the negotiation process is genuinely undertaken with meaningful input from the employees. The Commission emphasised the importance of complying with the statutory minimum entitlements and the need for genuine bargaining in the enterprise agreement process.

Pandamich Pty Ltd T/A Steamatic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established