Parmic Pty. Ltd.

Case •

[2023] FWCA 38

•

5 JANUARY 2023
[2023] FWCA 38

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Parmic Pty. Ltd.

(AG2022/5333)

PARMIC PTY LTD – TASMANIA FIRE SPRINKLER FITTING AGREEMENT 2023 – 2025

Building, metal and civil construction industries

COMMISSIONER YILMAZ

MELBOURNE, 5 JANUARY 2023

Application for approval of the Parmic Pty Ltd – Tasmania Fire Sprinkler Fitting Agreement 2023 – 2025

  1. An application has been made for approval of an enterprise agreement known as the Parmic Pty Ltd – Tasmania Fire Sprinkler Fitting Agreement 2023 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parmic Pty. Ltd. The Agreement is a single enterprise agreement.

  1. 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. Further the undertakings address the identified potential inconsistency of the definition of shift worker with the National Employment Standards (NES). I am satisfied that with the undertakings the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. 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.

  1. The Agreement is approved and in accordance with s.54, will operate from 12 January 2023. The nominal expiry date of the Agreement is 30 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518795  PR749425>

Annexure A

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