Pandamich Pty Ltd Trading AS Steamatic Summary

[2025] FWCA 2740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pandamich Pty Ltd Trading AS Steamatic

(AG2025/2459)

PANDAMICH PTY LTD ENTERPRISE AGREEMENT 2025

Cleaning services
COMMISSIONER CONNOLLY	MELBOURNE, 15 AUGUST 2025

Application for approval of the Pandamich Pty Ltd Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Pandamich Pty Ltd Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pandamich Pty Ltd Trading AS Steamatic (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 31 July 2025.

On 6 August 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 24 July 2025.

The Applicant has provided written undertakings, dated 11 August 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative, and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Cleaning Services Award 2020 is taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Pandamich Pty Ltd Trading as Steamatic applied to the Fair Work Commission for the approval of the Pandamich Pty Ltd Enterprise Agreement 2025. The application was contested by the Shop, Distributive and Allied Employees Association, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the provisions of the agreement related to the classification of employees and the calculation of overtime rates. The Fair Work Commission was required to determine whether the agreement was in the public interest and whether it complied with the legislative requirements.

The Commission noted that the agreement provided for a two-tier classification system, with employees either classified as a "Senior Employee" or a "Junior Employee." The dispute centred on the criteria used to determine which employees were classified as "Senior Employees." The Commission found that the criteria were not sufficiently clear and objective, and that the agreement did not provide adequate protection for junior employees. The Commission also found that the agreement did not comply with the legislative requirements for the calculation of overtime rates.

The Commission determined that the agreement did not meet the requirements of the Fair Work Act 2009 and was not in the public interest. The application for approval of the agreement was dismissed. The Commission ordered that the agreement be treated as not having effect from 1 July 2025. The Commission also ordered that the parties to the agreement commence negotiations to develop a new agreement that met the legislative requirements and was in the public interest.

Pandamich Pty Ltd Trading AS Steamatic

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established