DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (NSW) Pty Ltd
(AG2015/836)

AUSTRAL BRICKS NSW PRODUCTION WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 1 MAY 2015

Application for approval of the Austral Bricks NSW Production Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks NSW Production Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Austral Bricks (NSW) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 30 April 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 8 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Austral Bricks (NSW) Pty Ltd applied for approval of the Austral Bricks NSW Production Workers Enterprise Agreement 2015. The applicant is a brick manufacturer and the respondent is the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred on whether the terms of the enterprise agreement complied with the Fair Work Act 2009, particularly in relation to the pay rates and conditions for production workers.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable pay and conditions in accordance with section 235 of the Act. The Commission needed to consider whether the proposed terms adequately protected the rights and interests of the employees while also taking into account the operational needs of the employer. The dispute also involved whether the agreement included appropriate mechanisms for resolving disputes and included adequate provisions for flexibility in the workforce.

The Fair Work Commission found that the agreement, while generally fair and reasonable, required some modifications to ensure it met the statutory requirements. The Commission noted that the proposed pay rates were generally in line with industry standards and provided for adequate conditions for the employees. However, it identified issues with certain provisions relating to shift patterns and overtime, which did not sufficiently protect employee rest periods. After negotiations and amendments, the Commission approved the agreement, subject to specific changes that addressed the concerns regarding employee rest and shift patterns. The final decision recognised the need to balance the interests of both the employer and employees, ensuring the agreement was fair and reasonable in all aspects.

Austral Bricks (NSW) 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