Parkinson Group Victoria Pty Ltd Summary

[2021] FWCA 6841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parkinson Group Victoria Pty Ltd
(AG2021/8278)

PARKINSON GROUP VICTORIA PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Parkinson Group Victoria Pty Ltd Enterprise Agreement 2021.

[1] Parkinson Group Victoria Pty Ltd has applied for approval of a single enterprise agreement known as the Parkinson Group Victoria Pty Ltd Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 2 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, Parkinson Group Victoria Pty Ltd, sought approval of their Enterprise Agreement 2021 from the Fair Work Commission. The agreement aimed to establish the terms and conditions of employment for certain employees within the company. The nature of the dispute centred around whether the proposed terms and conditions of the agreement complied with the Fair Work Act 2009 and the relevant award provisions.

The legal issues the court had to resolve were whether the agreement provided for the appropriate minimum entitlements for the employees, and whether it allowed for fair and flexible working arrangements. Furthermore, the court had to determine if the agreement was appropriately negotiated and whether it complied with the requirements of the Fair Work Act.

The court held that the proposed agreement met the necessary requirements under the Fair Work Act. It was found to provide for appropriate minimum entitlements, including rates of pay, leave provisions, and other benefits. The court also found that the agreement allowed for fair and flexible working arrangements, and that it had been appropriately negotiated. The agreement was approved, subject to minor modifications to ensure compliance with relevant award provisions.

The court ordered that the Enterprise Agreement 2021 be approved, with the minor modifications noted. The agreement would then be registered and become legally binding on the parties involved. The approval of the agreement was seen as a positive step towards achieving fair and equitable employment terms for the employees within the company.

Parkinson Group Victoria Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established