Austral Bricks (Qld) Pty Ltd Trading AS Austral Bricks Queensland

Case •

[2025] FWCA 824

•

5 MARCH 2025
[2025] FWCA 824

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Austral Bricks (Qld) Pty Ltd Trading AS Austral Bricks Queensland

(AG2025/298)

AUSTRAL BRICKS QUEENSLAND PRODUCTION EMPLOYEE COLLECTIVE AGREEMENT 2024

Manufacturing and associated industries

DEPUTY PRESIDENT DOBSON

BRISBANE, 5 MARCH 2025

Application for approval of the Austral Bricks Queensland Production Employee Collective Agreement 2024

  1. This decision deals with an application made for approval of an enterprise agreement known as the Austral Bricks Queensland Production Employee Collective Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Austral Bricks (QLD) Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement. 

  1. The Applicant has provided written undertakings. 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.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to s.190(3) of the Act, I accept the undertakings.

  1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting the undertakings provided, the NES precedence term at clause 2.3(c) and on the basis of the materials before the Commission, 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.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act on 12 March 2025. The nominal expiry date of the Agreement is 11 March 2028.

DEPUTY PRESIDENT


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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