Austral Bricks (NSW) Pty Ltd T/A Austral Bricks
[2024] FWCA 3548
•9 OCTOBER 2024
| [2024] FWCA 3548 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Austral Bricks (NSW) Pty Ltd T/A Austral Bricks
(AG2024/2653)
AUSTRAL BRICKS NSW PRODUCTION WORKERS ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 9 OCTOBER 2024 |
Application for approval of the Austral Bricks NSW Production Workers Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Austral Bricks NSW Production Workers Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Austral Bricks (NSW) Pty Ltd T/A Austral Bricks. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 8 February 2024 and the Agreement was made on 3 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 9 October 2024 and, in accordance with s.54, will operate from 16 October 2024. The nominal expiry date of the Agreement is 26 March 2027.
DEPUTY PRESIDENT
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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