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

[2017] FWCA 6376

[2017] FWCA 6376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (NSW) Pty Ltd T/A Austral Bricks
(AG2017/3864)

AUSTRAL BRICKS NSW (MAINTENANCE EMPLOYEES PLANTS 1, 2 AND 3) ENTERPRISE AGREEMENT 2017

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Austral Bricks NSW (Maintenance Employees Plants 1, 2 and 3) Enterprise Agreement 2017.

[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 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austral Bricks (NSW) Pty Ltd T/A Austral Bricks. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 December 2017 and, in accordance with s.54, will operate from 8 December 2017. The nominal expiry date of the Agreement is 8 December 2020.

DEPUTY PRESIDENT

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Annexure A