Austral Bricks (SA) Pty Ltd T/A Austral Bricks South Australia

[2019] FWCA 2652

[2019] FWCA 2652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (SA) Pty Ltd T/A Austral Bricks South Australia
(AG2018/6231)

AUSTRAL BRICKS GOLDEN GROVE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 17 APRIL 2019

Application for approval of the Austral Bricks Golden Grove Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks Golden Grove Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Austral Bricks (SA) Pty Ltd T/A Austral Bricks South Australia. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 March 2019.

[3] On 12 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 12 April 2019. The undertaking deals with the following topics:

•  Clause 3.1(a) of the Agreement shall be replaced as follows:

“Austral Bricks SA (Pty Ltd) trading as Austral Bricks SA located at 2101 Greenwith Road, Golden Grove SA 5125.”

•  Clause 3.2(a) of the Agreement shall be replaced as follows:

“Austral Bricks SA (Pty Ltd) trading as Austral Bricks SA located at 2101 Greenwith Road, Golden Grove SA 5125 (the Company); and

The production and Maintenance employees of the Company identified in Schedule 1 of this Agreement (Parties).”

•  At clause 3.3(c) of the Agreement the Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Clause 6.1(a) of the Agreement shall be replaced as follows:

“Annual leave entitlement for each year of service with the employer, an employee is entitled to four (4) weeks of paid annual leave.”

•  Clause 6.1(b) of the Agreement shall be replaced as follows:

“Annual leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.”

•  Clause 6.3(a)(1) shall be replaced as follows:

“For each year of service, an employee is entitled to 10 days of paid personal/carer’s leave. An entitlement tot paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year.”

•  Clause 7.2(b) of the Agreement shall no longer apply.

•  Clause 7.3 of the Agreement shall be replaced as follows:

“(a) The absence of an employee from work for a continuous period without the consent of the Employer and without notification to the Employer will be prima facie evidence that the employee has abandoned his/her employment.

(b) The Employer will make all reasonable effort to locate the employee and will notify an employee of impending termination of employment verbally (whenever possible) or via certified mail to the employee’s last notified address.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 April 2022.

COMMISSIONER

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