DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (NSW) Pty Ltd T/A Austral Bricks
(AG2020/4179)

AUSTRAL BRICKS NSW MAINTENANCE EMPLOYEES PLANTS 1, 2 AND 3 ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 25 FEBRUARY 2021

Application for approval of the Austral Bricks NSW Maintenance Employees Plants 1, 2 and 3 Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks NSW Maintenance Employees Plants 1, 2 and 3 Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Austral Bricks (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the Agreement.

[3] The Australian Manufacturing Worker’s Union (the AMWU), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 4 March 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court heard an application by Austral Bricks (NSW) Pty Ltd trading as Austral Bricks for the approval of the Austral Bricks NSW Maintenance Employees Plants 1, 2 and 3 Enterprise Agreement 2020. The application was brought pursuant to section 233 of the Fair Work Act 2009. The dispute centred on the provisions of the proposed enterprise agreement which the applicant sought to have certified as a registered agreement.

The primary legal issue before the court was whether the provisions of the enterprise agreement met the criteria for approval under section 231 of the Fair Work Act 2009. The court had to consider whether the agreement was in the interests of the employees and whether it contained minimum terms and conditions of employment that complied with the Fair Work Act. The court also had to examine whether the agreement provided for a fair and efficient process for the resolution of employee disputes.

The court found that the agreement contained provisions that met the criteria for approval under the Fair Work Act. The court was satisfied that the agreement provided for the fair and efficient resolution of employee disputes and that it contained minimum terms and conditions of employment that complied with the Act. The court noted that the agreement provided for a dispute resolution process that included both internal and external options, and that it contained provisions for the protection of employee rights. The court also found that the agreement was in the interests of the employees as it provided for a range of benefits, including pay increases and improved leave provisions.

Accordingly, the court approved the Austral Bricks NSW Maintenance Employees Plants 1, 2 and 3 Enterprise Agreement 2020, and registered it as a registered agreement under section 181 of the Fair Work Act. The agreement will now apply to all employees covered by the agreement and will remain in effect until it is terminated or replaced by a new agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established