Austral Bricks (NSW) Pty Ltd T/A Austral Bricks

[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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CaseChat Overview and Summary

The matter involved Austral Bricks (NSW) Pty Ltd, trading as Austral Bricks, and the Fair Work Commission. The dispute centred around the application for the approval of the Austral Bricks NSW Production Workers Enterprise Agreement 2024. The case was heard by the Fair Work Commission. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning pay rates, conditions of employment, and the process for resolution of disputes. The Commission also had to consider whether the agreement provided for the employees' minimum entitlements and whether it was consistent with the principles of enterprise bargaining.

In its decision, the Fair Work Commission examined the terms and conditions of the proposed agreement in detail. It found that the agreement adequately addressed the requirements of the Fair Work Act, including provisions for minimum pay rates and conditions of employment. The Commission considered that the agreement provided for the employees' minimum entitlements as required by law and that it was consistent with the principles of enterprise bargaining. The Commission noted the parties' commitment to a fair and equitable resolution of disputes and the inclusion of provisions for the resolution of workplace issues through agreed processes. The Commission concluded that the agreement met the necessary standards and approved it accordingly.

As a result of the Commission's decision, the Austral Bricks NSW Production Workers Enterprise Agreement 2024 was approved. The agreement now binds the employer and the employees, providing a framework for the terms and conditions of their employment. The final orders of the Commission included the approval of the agreement, with specific emphasis on its compliance with the Fair Work Act and its alignment with the principles of enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established