DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks NSW Pty Ltd T/A Austral Bricks NSW
(AG2019/1853)

THE AUSTRAL BRICK NSW TRANSPORT ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2019

Application for approval of The Austral Brick NSW Transport Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Austral Brick NSW Transport Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 17 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Austral Bricks NSW Pty Ltd, trading as Austral Bricks NSW, applied for the approval of the Austral Brick NSW Transport Enterprise Agreement 2019. The applicant is a brick manufacturing company based in New South Wales, and the dispute revolves around the terms and conditions of employment for its transport workers. The respondents to the application included various trade unions representing the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT), which requires that the terms and conditions of employment in the agreement be at least as favourable as those under the applicable award or previous agreement. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with procedural requirements such as proper consultation and notification.

The Fair Work Commission found that the proposed enterprise agreement met the better off overall test and contained fair and reasonable terms and conditions. The Commission noted that the agreement provided for improvements in various areas, including wages, leave entitlements, and other employment conditions, which collectively made the employees better off overall. The Commission also confirmed that the applicant had complied with procedural requirements, having engaged in genuine and meaningful consultation with the employee representatives. Consequently, the Commission approved the Austral Brick NSW Transport Enterprise Agreement 2019, determining that it was compliant with the relevant statutory provisions.

The Fair Work Commission's decision was that the Austral Brick NSW Transport Enterprise Agreement 2019 should be approved, and it was registered under the Fair Work Act 2009. This registration meant that the terms and conditions set out in the agreement would apply to the relevant employees from the effective date specified in the agreement.

Austral Bricks NSW Pty Ltd T/A Austral Bricks NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established