DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parkinson Group Victoria Pty Ltd
(AG2018/5356)

PARKINSON GROUP VICTORIA PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Parkinson Group Victoria Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Parkinson Group Victoria Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parkinson Group Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Parkinson Group Victoria Pty Ltd, a company engaged in the management of aged care services, was the subject of an application for the approval of the Enterprise Agreement 2018. The applicant sought to have the agreement, which had been negotiated with the relevant employee unions, approved by the Fair Work Commission. The dispute centred on whether the terms and conditions outlined in the agreement were fair and reasonable for the employees involved.

The legal issues before the court were primarily whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved determining whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements set out in the Act. The court also needed to consider whether the agreement was free from any unfair provisions that would disadvantage the employees.

In delivering the decision, the Fair Work Commission found that the Enterprise Agreement 2018 was fair and reasonable in all respects. The Commission examined the various terms and conditions, the negotiation process, and the impact on the employees. The court concluded that the agreement provided adequate protections and benefits for the employees, and that it complied with all statutory requirements. Consequently, the application for approval was successful, and the Enterprise Agreement 2018 was approved.

The Fair Work Commission ordered that the Enterprise Agreement 2018 be approved and registered. This decision provided certainty to both the employer and the employees, ensuring that the terms and conditions of employment were fair and in compliance with the relevant legislation. The approval of the agreement also facilitated the ongoing management of aged care services by Parkinson Group Victoria Pty Ltd.

Parkinson Group Victoria 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