Austral Bricks (Tas) Pty Ltd T/A Austral Bricks Tasmania

Case •

[2024] FWCA 40

•

5 JANUARY 2024
[2024] FWCA 40

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Bricks (Tas) Pty Ltd T/A Austral Bricks Tasmania

(AG2023/5032)

AUSTRAL BRICKS LONGFORD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

COMMISSIONER CIRKOVIC

MELBOURNE, 5 JANUARY 2024

Application for approval of the Austral Bricks Longford Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Austral Bricks Longford Enterprise Agreement 2023 (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 (Tas) Pty Ltd T/A Austral Bricks Tasmania (the Employer). The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The Agreement was approved on 5 January 2024 and, in accordance with s 54, will operate from 12 January 2024. The nominal expiry date of the Agreement is 12 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE523007 PR769975>

Annexure A

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