Parkview Constructions Pty. Limited

[2025] FWCA 287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Parkview Constructions Pty. Limited

(AG2024/5066)

PARKVIEW CONSTRUCTIONS PTY. LIMITED / EMPLOYEES COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JANUARY 2025

Application for approval of the Parkview Constructions Pty. Limited / Employees Collective Agreement 2024-2027

Parkview Constructions Pty. Limited has made an application for approval of an enterprise agreement known as the Parkview Constructions Pty. Limited / Employees Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 24 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parkview Constructions Pty. Limited applied to the Fair Work Commission for approval of its proposed Employees Collective Agreement 2024-2027. The agreement was to be made under the Fair Work Act 2009 and was to cover employees in the construction industry. The dispute centred on several clauses within the proposed agreement that were contested by the union representing the employees. These clauses included provisions related to working hours, overtime entitlements, and conditions for shift work.

The legal issues before the Commission were whether the provisions in the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the proposed working hours and overtime entitlements were fair and reasonable, and whether the conditions for shift work provided adequate protection for the employees' health and safety. The union argued that the proposed conditions were not in line with industry standards and could lead to employee fatigue and other health issues.

After examining the evidence and submissions from both parties, the Commission found that the proposed agreement, while generally fair, contained provisions that did not meet the statutory standards. The Commission highlighted that certain clauses concerning working hours and overtime were overly restrictive and did not adequately account for the nature of the construction work. Additionally, the conditions for shift work were deemed insufficient to protect employees from potential health risks. Consequently, the Commission rejected the application for approval of the agreement and directed Parkview Constructions Pty. Limited to revise the contested clauses. The Commission also provided detailed guidance on what amendments would be necessary to meet the statutory requirements.

The Commission's decision underscored the importance of ensuring that collective agreements not only comply with legal standards but also reflect the practical realities of the industry. The final orders required Parkview Constructions Pty. Limited to revise the contentious clauses within the proposed agreement to address the Commission's concerns and to resubmit the agreement for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established