Austral Bricks Sa (Pty Ltd) T/A Austral Bricks Sa Summary

[2022] FWCA 2347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Bricks Sa (Pty Ltd) T/A Austral Bricks Sa

(AG2022/2349)

Austral Bricks Golden Grove Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 19 JULY 2022

Application for approval of the Austral Bricks Golden Grove Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Austral Bricks Golden Grove Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Austral Bricks Sa (Pty Ltd) T/A Austral Bricks Sa (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 July 2022 and was determined on the papers.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 25 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Austral Bricks Sa (Pty) Ltd T/A Austral Bricks SA and the Building, Construction, Engineering, Mining and Energy Union of Australia. The dispute was brought before the Fair Work Commission to seek approval of the Austral Bricks Golden Grove Enterprise Agreement 2022. The legal issues at the heart of this case revolved around whether the enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it contained the minimum terms and conditions mandated by the Act.

The court examined the process through which the agreement was negotiated and whether it adhered to the principles of good faith bargaining. It also evaluated if the agreement provided for appropriate mechanisms for resolving disputes, as well as ensuring that the terms and conditions were not less favourable than those provided by the relevant awards or the National Employment Standards. After reviewing the submissions and evidence from both parties, the Fair Work Commission concluded that the agreement met all the statutory requirements. The court found that the agreement had been negotiated in good faith and contained all the mandatory minimum terms and conditions.

As a result, the Fair Work Commission approved the Austral Bricks Golden Grove Enterprise Agreement 2022. The decision was based on the thorough analysis of the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. This approval ensures that the terms of the agreement will now apply to the employees covered by the agreement, providing a legally binding framework for their employment conditions.

Austral Bricks Sa (Pty Ltd) T/A Austral Bricks Sa

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established