Thermal Panel Solutions Pty Limited

[2025] FWCA 1984

[2025] FWCA 1984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thermal Panel Solutions Pty Limited

(AG2025/1706)

THERMAL PANEL SOLUTIONS PTY LIMITED/ COLLECTIVE BARGAINING AGREEMENT, 2025

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 16 JUNE 2025

Application for approval of the Thermal Panel Solutions Pty Limited/ Collective Bargaining Agreement, 2025

1. An application has been made for approval of an enterprise agreement known as the Thermal Panel Solutions Pty Limited/ Collective Bargaining Agreement, 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Thermal Panel Solutions Pty Limited. The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

1. The Agreement does not contain a consultation term that meets the requirements of the FW Act. Employees were asked to vote to approve the agreement on 27 May 2025. Thus, pursuant to s.205(2) and Clause 107 of Schedule 1 of the FW Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 16 June 2029.

COMMISSIONER

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