Thermal Panel Solutions Pty Limited Summary

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thermal Panel Solutions Pty Limited recently faced a legal matter before the Australian Industrial Relations Commission. The company sought approval for a Collective Bargaining Agreement for the year 2025. This application arose due to the necessity for the agreement to be approved under the Fair Work Act 2009, ensuring that it adheres to the legal standards set forth by the legislation. The primary dispute centred on whether the proposed agreement complied with the requirements for fair and reasonable terms and conditions of employment as mandated by the Act. The court was tasked with examining the contents of the agreement, including provisions on wages, working hours, leave entitlements, and other employment terms.

The central legal issues the court needed to resolve were whether the proposed agreement was genuinely a product of negotiations between the employer and employees, and if it contained terms that were fair and reasonable. Furthermore, the court had to determine whether the agreement met the criteria for a certified agreement, as outlined in section 233 of the Fair Work Act. The court examined if the agreement provided a safety net for employees, ensuring they received at least the minimum terms and conditions of employment as per the applicable award or registered agreement. The court also considered if the agreement adequately protected employees’ rights and interests.

In its decision, the court meticulously reviewed the provisions of the agreement and found that it had been genuinely negotiated between Thermal Panel Solutions Pty Limited and its employees. The court concluded that the terms of the agreement were fair and reasonable, and it provided a safety net for employees, meeting all statutory requirements. The court approved the application for the agreement to be certified, thereby allowing it to be registered and enforceable under the Fair Work Act. The decision ensured that the agreement would operate effectively to regulate the employment conditions of the company's employees for the coming year.

Thermal Panel Solutions Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established