DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmic Pty Ltd
(AG2015/885)

PARMIC PTY. LTD. TASMANIA - FIRE SPRINKLER FITTING AGREEMENT 2015 -2018.

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the Parmic Pty. Ltd. Tasmania - Fire Sprinkler Fitting Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Parmic Pty. Ltd. Tasmania - Fire Sprinkler Fitting Agreement 2015 - 2018 (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] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 30 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Parmic Pty Ltd was a party to an agreement that was subject to approval by the Fair Work Commission. The dispute related to the approval of the Parmic Pty Ltd Tasmania – Fire Sprinkler Fitting Agreement 2015-2018. The matter was heard in the Fair Work Commission, with the applicant seeking approval of the agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the appropriate balance between the rights and obligations of employers and employees, and if it promoted harmonious, productive, and cooperative workplace relations. The Commission also needed to consider if the agreement was in the public interest.

The Commission found that the agreement met the requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees, and it promoted harmonious, productive, and cooperative workplace relations. The Commission also found that the agreement was in the public interest, as it would provide stability and certainty for employees and employers in the fire sprinkler fitting industry in Tasmania. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the relevant legislative requirements.

The Fair Work Commission approved the Parmic Pty Ltd Tasmania – Fire Sprinkler Fitting Agreement 2015-2018, subject to certain modifications. The modifications were necessary to ensure that the agreement complied with the Fair Work Act and other relevant legislation. The approval of the agreement provides certainty and stability for employees and employers in the fire sprinkler fitting industry in Tasmania.

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