DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (Qld) Pty Ltd
(AG2015/2012)

AUSTRAL BRICKS QUEENSLAND PRODUCTION EMPLOYEE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Austral Bricks Queensland Production Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks Queensland Production Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Austral Bricks (Qld) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 20 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Austral Bricks (Qld) Pty Ltd, an employer, and the Building Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union. The dispute centred on the approval of the Austral Bricks Queensland Production Employee Collective Agreement 2015, which sought to establish the terms and conditions of employment for production employees within the company. The matter was brought before the Fair Work Commission, which is tasked with resolving disputes concerning workplace agreements and ensuring compliance with the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement met the requirements set forth by the Fair Work Act and whether it provided for fair and reasonable terms for the employees. The Commission examined the agreement's compliance with the Act, including provisions related to minimum wages, leave entitlements, dispute resolution mechanisms, and the process through which the agreement was negotiated and agreed upon. It was crucial to determine if the agreement was made in good faith and if it adequately reflected the interests of both parties.

The Fair Work Commission found that the agreement did not adequately address several critical areas, primarily concerning procedural fairness in the negotiation process. The Commission noted that while the agreement contained provisions that met the legislative requirements, there were significant procedural shortcomings in the way the agreement was negotiated and agreed upon. These deficiencies included a failure to provide employees with adequate information and opportunities to participate in the negotiation process. As a result, the Commission decided that the agreement did not comply with the Act, and it was not approved. The Commission's decision was based on the need to uphold procedural fairness and protect the rights of employees as mandated by the Fair Work Act.

Consequently, the Fair Work Commission ordered that the Austral Bricks Queensland Production Employee Collective Agreement 2015 was not to be approved. The Commission directed the parties to revisit the negotiation process to ensure it adheres to the requirements of the Act, particularly focusing on improving procedural fairness. This included providing employees with the necessary information and opportunities to participate meaningfully in the negotiation process before any further agreement is considered for approval.

Austral Bricks (Qld) Pty Ltd

DECISION

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Legal Principle Established