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

[2022] FWCA 3145

[2022] FWCA 3145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3648)

THE Austral Brick NSW Transport Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 12 SEPTEMBER 2022

Application for approval of The Austral Brick NSW Transport Enterprise Agreement 2022.

1. An application has been made for approval of an enterprise agreement known as The Austral Brick NSW Transport Enterprise Agreement 2022 (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 NSW (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. I note that the provisions at clause 12.0(b) of the Agreement concerning casual conversion are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.0(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Subject to the undertaking referred to above, 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2022. The nominal expiry date of the Agreement is 18 September 2024.

DEPUTY PRESIDENT

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Annexure A