Parallel Constructions (NSW) Pty Ltd Summary

[2014] FWCA 3971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Parallel Constructions (NSW) Pty Ltd
(AG2014/1184)

PARALLEL CONSTRUCTIONS (NSW) PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JUNE 2014

Application for approval of the Parallel Constructions (NSW) Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Parallel Constructions (NSW) Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parallel Constructions (NSW) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 16 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parallel Constructions (NSW) Pty Ltd applied to the Fair Work Commission for the approval of the Parallel Constructions (NSW) Pty Ltd Enterprise Agreement 2014-2018. The agreement was entered into between the employer and its employees, who were members of the Building and Construction Union. The dispute arose from the employer's contention that certain provisions of the agreement were not suitable for approval due to their perceived adverse effects on the business. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred around whether the provisions in question met the requirements of the Fair Work Act 2009, particularly whether they facilitated a productive workplace relationship and were in the best interests of the employees. The employer argued that specific clauses pertaining to shift allowances and shift penalties could lead to inflexibility and financial strain. The union defended the clauses, asserting they were necessary to protect employee rights and maintain fair working conditions.

The Commission carefully reviewed the agreement and found that the provisions in question did not hinder the business's ability to operate effectively. The Commission considered the balance between maintaining fair working conditions and the employer's operational needs, ultimately concluding that the agreement fostered a productive workplace relationship and was in the best interests of the employees. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission granted approval for the Parallel Constructions (NSW) Pty Ltd Enterprise Agreement 2014-2018, dismissing the employer's objections. The Commission determined that the provisions met the legal requirements and were beneficial to both the employer and the employees.

Parallel Constructions (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established