Austral Bricks (SA) Pty Ltd trading as Austral Bricks South Australia

[2025] FWCA 1521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Austral Bricks (SA) Pty Ltd trading as Austral Bricks South Australia

(AG2025/1153)

AUSTRAL BRICKS GOLDEN GROVE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 7 MAY 2025

Application for approval of the Austral Bricks Golden Grove Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Austral Bricks Golden Grove Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austral Bricks SA (Pty Ltd) trading as Austral Bricks South Australia (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signature page signed in accordance with the requirements of s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (Regulations). An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.3(c) of the Agreement, 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 Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 14 May 2025. The nominal expiry date of the Agreement is 14 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Austral Bricks (SA) Pty Ltd, trading as Austral Bricks South Australia, and the relevant union. The dispute centred on the application for the approval of the Austral Bricks Golden Grove Enterprise Agreement 2025. The commission was required to determine whether the agreement met the statutory requirements for approval and whether it was in the interests of the employees covered by the agreement.

The primary legal issues revolved around whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The commission needed to consider whether the agreement had been made through genuine bargaining, whether it provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Fair Work Act 2009.

In reaching its decision, the commission considered the evidence provided by both parties, including the process through which the agreement was negotiated, the terms and conditions proposed, and the interests of the employees. The commission found that the agreement had been made through genuine bargaining and that it provided for fair and reasonable terms and conditions for the employees. The commission was satisfied that the agreement met all the statutory requirements for approval and was in the interests of the employees.

Consequently, the commission approved the Austral Bricks Golden Grove Enterprise Agreement 2025. The agreement now provides the terms and conditions of employment for the employees covered by it, and both parties are bound by its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established