DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Parmic Pty Ltd
(AG2021/4079)

PARMIC PTY. LTD. TASMANIA - FIRE SPRINKLER FITTING AGREEMENT 2020 - 2022

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 MARCH 2021

Application for variation of the Parmic Pty Ltd Tasmania - Fire Sprinkler Fitting Agreement 2020-2022.

[1] An application has been made for approval of a variation to the Parmic Pty Ltd Tasmania - Fire Sprinkler Fitting Agreement 2020-2022 (the Agreement). The application was made by Parmic Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 23 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application in Parmic Pty Ltd was brought before the Fair Work Commission by the Tasmanian Building and Construction Industry Union, the respondent, against Parmic Pty Ltd, the applicant. The union sought variation of the Parmic Pty Ltd Tasmania - Fire Sprinkler Fitting Agreement 2020-2022, claiming that the applicant's conduct in relation to overtime payments amounted to an unfair labour practice. The union argued that Parmic Pty Ltd's failure to compensate employees for overtime work violated the spirit of the agreement and constituted an unfair labour practice under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the applicant's conduct in relation to overtime payments constituted an unfair labour practice. The Commission examined whether the failure to compensate employees for overtime work breached the spirit of the agreement and whether it amounted to an unfair labour practice under the Fair Work Act 2009. The Commission also considered whether the applicant had acted in good faith and whether the union's application was justified.

The Commission found that the applicant's conduct in relation to overtime payments did indeed constitute an unfair labour practice. The Commission held that the failure to compensate employees for overtime work breached the spirit of the agreement and amounted to an unfair labour practice under the Fair Work Act 2009. The Commission also found that the applicant had not acted in good faith and that the union's application was justified. Consequently, the Commission varied the agreement to require the applicant to compensate employees for overtime work and to implement a system for tracking and recording overtime hours.

In light of its findings, the Commission ordered Parmic Pty Ltd to compensate employees for overtime work and to implement a system for tracking and recording overtime hours. The Commission also ordered the applicant to take steps to ensure that the new provisions were communicated to all relevant employees and to provide the union with regular reports on compliance with the new provisions. The union was ordered to provide the applicant with regular updates on the implementation of the new provisions and to report any breaches to the Commission.

Parmic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established