Parmic Pty. Ltd.

[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

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

Parmic Pty. Ltd. was the subject of an application before the Fair Work Commission, with the dispute centred on the approval of the Parmic Pty Ltd – Tasmania Fire Sprinkler Fitting Agreement 2023 – 2025. The applicant, Parmic Pty. Ltd., sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The respondents included the Tasmanian Council of Trade Unions and the Australian Manufacturing Workers’ Union, which opposed the application on various grounds.

The court was tasked with determining whether the agreement met the criteria for registration as set out in the Fair Work Act. This involved assessing the agreement’s compliance with procedural requirements, such as whether the agreement was made in good faith and whether it had been appropriately certified by the relevant union. Additionally, the court examined the substantive fairness of the agreement, considering whether it provided for terms and conditions of employment that were no worse than the applicable national workplace determination.

The Fair Work Commission found that the application satisfied the procedural requirements for registration. The commission determined that the agreement was made in good faith and had been appropriately certified. Regarding the substantive fairness, the commission concluded that the terms and conditions of employment provided in the agreement were not worse than those set out in the applicable national workplace determination. Consequently, the commission approved the Parmic Pty Ltd – Tasmania Fire Sprinkler Fitting Agreement 2023 – 2025 for registration. The decision confirmed the agreement's validity and effectiveness as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established