DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmic Pty Ltd
(AG2020/271)

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

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Parmic Pty. Ltd. Tasmania - Fire Sprinkler Fitting Agreement 2020 - 2022 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 February 2020 and, in accordance with s.54, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 December 2022.

COMMISSIONER

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 Parmic Pty Ltd, a Tasmanian employer, seeking approval of a new enterprise agreement. The dispute involved the proposed agreement, titled the Parmic Pty Ltd Tasmania – Fire Sprinkler Fitting Agreement 2020 - 2022, and its potential implications on the employment terms and conditions for the company's workers. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal criteria for approval and whether it complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and whether it complied with the good faith bargaining requirement. Furthermore, the Commission examined whether the proposed agreement provided fair and reasonable terms and conditions for the employees, considering the broader context of the industry and the bargaining process.

In rendering its decision, the Fair Work Commission found that the agreement had been genuinely negotiated and contained all the minimum terms and conditions as required by law. The Commission also determined that the agreement was in good faith and provided fair and reasonable terms and conditions for the employees. The Commission noted the efforts made by both parties to reach a consensus and considered the industry context in its evaluation. Ultimately, the Commission approved the Parmic Pty Ltd Tasmania – Fire Sprinkler Fitting Agreement 2020 - 2022, and it became a legally binding enterprise agreement.

The Fair Work Commission's final order was the approval of the Parmic Pty Ltd Tasmania – Fire Sprinkler Fitting Agreement 2020 - 2022 as a lawful and binding enterprise agreement. The agreement was set to govern the employment terms and conditions for the relevant employees for the specified period. The Commission's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement met the necessary legal requirements and addressed the interests of all parties involved.

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