DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (Qld) Pty Ltd T/A Austral Bricks Queensland
(AG2018/7284)

AUSTRAL BRICKS QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 15 APRIL 2019

Application for approval of the Austral Bricks Queensland Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks Queensland Maintenance Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Employer 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 April 2019. The nominal expiry date of the Agreement is 15 April 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Austral Bricks Queensland Maintenance Enterprise Agreement 2018 was heard in the Fair Work Commission. The parties involved were Austral Bricks (Qld) Pty Ltd, trading as Austral Bricks Queensland, and the Australian Manufacturing Workers' Union. The dispute centred around whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. Specifically, the union challenged the agreement on several grounds, including its provisions on wages, working conditions, and the overall fairness of the terms for the employees.

The central legal issues the court had to address were whether the agreement provided for a safety net of minimum wages and conditions, and whether it was free from any undue influence or coercion. Additionally, the court examined whether the agreement included proper consultation processes and if it met the requirements for good faith bargaining as mandated by the Fair Work Act. The union argued that the agreement did not adequately protect employees' rights and interests, while the employer maintained that the agreement was a product of genuine negotiation and was fair and reasonable.

In reaching its decision, the Fair Work Commission thoroughly reviewed the evidence and arguments presented by both parties. The Commission found that the agreement did provide for a safety net of minimum wages and conditions and was the product of genuine and proper negotiation processes. The Commission was satisfied that there was no undue influence or coercion in the formation of the agreement. Consequently, the court approved the Austral Bricks Queensland Maintenance Enterprise Agreement 2018, affirming its compliance with the relevant legislative standards. The final orders confirmed the approval of the agreement and mandated its implementation as per the terms outlined.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established