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

[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

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.

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.

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.

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

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.

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.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austral Bricks (Qld) Pty Ltd, trading as Austral Bricks Queensland, applied to the Fair Work Commission for the approval of an enterprise agreement known as the Austral Bricks Queensland Production Employee Collective Agreement 2024. This single-enterprise agreement was subject to the provisions of the Fair Work Act 2009. The primary objective of the application was to secure the Commission's approval for the agreement and ensure its compliance with the legislative requirements.

The legal issues before the Fair Work Commission involved determining whether the Agreement met the statutory criteria for approval under sections 186, 187, and 188 of the Fair Work Act. This included verifying that the agreement genuinely reflected the outcome of a good faith bargaining process and that it did not result in financial detriment to employees or substantial changes to the agreement's terms. The Commission also needed to consider the compatibility of the agreement with the National Employment Standards (NES) and assess the written undertakings provided by the Applicant to ensure they would not negatively impact the employees.

The Deputy President of the Fair Work Commission, Dobson, found that the agreement complied with the statutory requirements for approval. The Deputy President accepted the written undertakings provided by the Applicant, which were deemed not to cause financial detriment to any employee or result in substantial changes to the agreement. Additionally, the Deputy President was satisfied that the NES precedence term at clause 2.3(c) ensured the more beneficial entitlements of the NES would prevail in case of inconsistencies between the agreement and the NES. Given the satisfactory findings, the Deputy President approved the agreement, which will come into effect on 12 March 2025 and expire on 11 March 2028, subject to the provided undertakings.

Austral Bricks (Qld) Pty Ltd Trading AS 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