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

[2021] FWCA 1035

[2021] FWCA 1035

FAIR WORK COMMISSION

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

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Annexure A