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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Austral Bricks (NSW) Pty Ltd trading as Austral Bricks and the Electrical Trades Union of Australia. The dispute was regarding the application for the approval of the Austral Bricks NSW (Maintenance Employees Plants 1, 2 and 3) Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 in terms of good faith bargaining and if it contained all the mandated minimum terms and conditions of employment. The Commission had to consider whether the agreement was in the best interests of the employees and if it was made without coercion, undue influence or threat.

The Commission considered the submissions from both parties and examined the agreement in detail. It was found that the agreement was the result of good faith bargaining and contained all the mandated minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees and was not made under any duress or undue influence. The Commission approved the agreement, emphasising the importance of maintaining a fair and reasonable industrial relations environment. This decision ensures that the rights and interests of both the employer and employees are adequately protected while fostering a cooperative workplace culture.

The Fair Work Commission approved the Austral Bricks NSW (Maintenance Employees Plants 1, 2 and 3) Enterprise Agreement 2017, confirming its compliance with the Fair Work Act 2009. The decision highlights the importance of good faith bargaining and the inclusion of mandated minimum terms and conditions in enterprise agreements. The approval of this agreement contributes to the maintenance of fair and reasonable industrial relations practices within the workplace.

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