DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (Qld) Pty Ltd T/A Austral Bricks Queensland
(AG2018/3216)

AUSTRAL BRICKS QUEENSLAND PRODUCTION EMPLOYEE COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 4 SEPTEMBER 2018

Application for approval of the Austral Bricks Queensland Production Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks Queensland Production Employee Collective 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2018. The nominal expiry date of the Agreement is 10 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved a dispute between Austral Bricks (Qld) Pty Ltd trading as Austral Bricks Queensland and the Queensland Building and Construction General On-site Union. The union sought approval of the Austral Bricks Queensland Production Employee Collective Agreement 2018 under the Fair Work Act 2009. The primary focus of the dispute was the terms and conditions of employment for production employees at the Austral Bricks Queensland facility.

The court was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court needed to assess whether the agreement contained all the prescribed minimum terms and conditions, and whether it was fair and reasonable. The court also had to consider whether the agreement was negotiated in good faith and whether it complied with the principles of good faith bargaining as outlined in the Act.

The court found that the agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act. It also concluded that the agreement was fair and reasonable, having been negotiated in good faith, and it complied with the principles of good faith bargaining. The court took into account the evidence presented by both parties and the submissions made during the hearing. The court was satisfied that the agreement was in the best interests of the employees and the employer, and thus, it approved the agreement under the Act. The court's decision was based on a detailed examination of the agreement and the legal framework provided by the Fair Work Act.

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