Austral Bricks Queensland Pty Ltd

[2013] FWCA 6598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks Queensland Pty Ltd
(AG2013/7865)

AUSTRAL BRICKS QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Austral Bricks Queensland Maintenance Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks Queensland Maintenance Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Austral Bricks Queensland 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] On 30 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 6 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Austral Bricks Queensland Pty Ltd, a company engaged in the manufacture and supply of bricks, tiles, and other building materials. The company sought approval for the Austral Bricks Queensland Maintenance Enterprise Agreement 2013, which outlined the terms and conditions of employment for its maintenance employees. The application for approval was made to the Fair Work Commission. The crux of the dispute lay in whether the proposed agreement met the statutory criteria for approval, specifically under section 232 of the Fair Work Act 2009, which requires that an agreement must provide for the fair and efficient determination of terms and conditions of employment.

The legal issues before the court centred on whether the agreement contained mandatory terms, the process for resolving disputes, and whether the agreement allowed for fair and efficient determination of employment terms. It was crucial to assess if the agreement adhered to the legislative framework set by the Fair Work Act 2009, and if it provided for the protection of employees' rights and interests. The court also had to consider whether the agreement met the requirements of procedural fairness as established in the common law and whether it was in the best interest of the employees.

In determining the matter, the court examined the provisions of the proposed agreement in detail. It found that the agreement included mandatory terms that were necessary for the fair and efficient determination of employment conditions. The court also noted that the agreement provided a clear process for resolving disputes, which was essential for protecting the rights of the employees. Furthermore, the court concluded that the agreement did not unfairly disadvantage any party and was in the best interests of the employees. The court approved the agreement, finding it to be compliant with the statutory requirements and fair in its provisions.

The court's decision resulted in the approval of the Austral Bricks Queensland Maintenance Enterprise Agreement 2013. The final orders confirmed the agreement as binding on all parties, including the company and its maintenance employees. The agreement was deemed to be fair and efficient, providing a framework for the terms and conditions of employment that met the legislative standards set by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established