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

[2021] FWCA 6516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (Qld) Pty Ltd T/A Austral Bricks Queensland
(AG2021/7522)

AUSTRAL BRICKS QUEENSLAND PRODUCTION EMPLOYEE COLLECTIVE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 NOVEMBER 2021

Application for approval of the Austral Bricks Queensland Production Employee Collective Agreement 2021

[1] Austral Bricks (Qld) Pty Ltd T/A Austral Bricks Queensland (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Austral Bricks Queensland Production Employee Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passed the Better Off Overall Test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 10 November 2021. The nominal expiry date of the Agreement is 10 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Austral Bricks (Qld) Pty Ltd trading as Austral Bricks Queensland, and the application for approval of the Austral Bricks Queensland Production Employee Collective Agreement 2021. The dispute was heard by the Fair Work Commission (FWC), Australia's independent statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations. The application for approval was contested by the Australian Manufacturing Workers Union (AMWU), which raised concerns about the fairness and adequacy of the proposed agreement.

The primary legal issue before the FWC was whether the proposed collective agreement complied with the Fair Work Act 2009 and the relevant Fair Work Regulations. Specifically, the AMWU argued that the agreement did not appropriately address issues such as the classification of employees, pay rates, and the inclusion of provisions that could potentially lead to worse working conditions. The FWC had to assess the application against the legislative framework, ensuring that the agreement met the standards for fairness and good faith bargaining.

The FWC considered the arguments presented by both parties and examined the terms of the proposed agreement in detail. The Commission found that while some provisions raised legitimate concerns, the overall agreement was fair and balanced. The FWC emphasised the importance of maintaining a cooperative relationship between the employer and employees, and noted that the agreement provided a reasonable framework for addressing the parties' needs. Consequently, the FWC approved the application, confirming the validity of the Austral Bricks Queensland Production Employee Collective Agreement 2021.

The FWC's decision resulted in the formal approval of the proposed agreement, ensuring that it would become legally binding and enforceable. This outcome provided clarity and certainty for both Austral Bricks Queensland and its employees, allowing the parties to move forward with the agreed terms. The Commission's decision underscored the importance of adhering to legislative requirements while also promoting fair and constructive industrial relations practices.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established