Austral Bricks (Qld) Pty Ltd T/A Austral Bricks Queensland

[2022] FWCA 2687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Bricks (Qld) Pty Ltd T/A Austral Bricks Queensland

(AG2022/2268)

Austral Bricks Queensland Maintenance Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 12 AUGUST 2022

Application for approval of the Austral Bricks Queensland Maintenance Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Austral Bricks Queensland Maintenance 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 (Qld) Pty Ltd T/A Austral Bricks Queensland (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Austral Bricks (Qld) Pty Ltd, trading as Austral Bricks Queensland, which sought approval for the Austral Bricks Queensland Maintenance Enterprise Agreement 2022. The dispute was heard by the Fair Work Commission. The Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009 and if it could be approved as a registered agreement.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement had been made in accordance with the Act, including whether it had been made free from any improper conduct, and whether it contained all the required minimum terms and conditions. The Commission also had to consider if the agreement provided for a fair and reasonable outcome for both employees and employers.

The Fair Work Commission concluded that the agreement was procedurally sound and had been made without any improper conduct. It also found that the agreement contained all the required minimum terms and conditions and provided for a fair and reasonable outcome for both parties. The Commission noted that the agreement had been negotiated in good faith and that it included provisions for dispute resolution and the protection of employee rights. Consequently, the Commission approved the Austral Bricks Queensland Maintenance Enterprise Agreement 2022.

The Fair Work Commission issued an order approving the Austral Bricks Queensland Maintenance Enterprise Agreement 2022 as a registered agreement. This order will have legal effect and will be binding on the parties from the date of the Commission's decision. The approval of the agreement ensures that it will provide a stable and fair framework for the employment relationship between Austral Bricks (Qld) Pty Ltd and its employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established