| [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
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.
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.
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.
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.
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
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Annexure A
- AGLC
- Austral Bricks (Tas) Pty Ltd T/A Austral Bricks Tasmania [2024] FWCA 40
- Case
- [2024] FWCA 40
- Decision Date
CaseChat Overview and Summary
The central issue before the Commission was whether the agreement contained provisions that were contrary to the better off overall test (BOOT) in section 179(1) of the Fair Work Act. The applicant argued that the agreement was not contrary to the BOOT test, while the union contended that certain provisions, including those related to wages and allowances, were not in line with the BOOT. The Commission had to examine whether the provisions in question met the BOOT test, considering the overall benefits and detriments to the employees.
In assessing the agreement, the Commission found that the provisions related to wages and allowances did not contravene the BOOT test. The applicant's submissions demonstrated that the provisions were not detrimental to the employees when considering the overall benefits of the agreement, such as the retention of existing provisions and the introduction of new provisions that improved the employees' conditions. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act.
The Fair Work Commission approved the Austral Bricks Longford Enterprise Agreement 2023. The approval is effective from 1 July 2023. The agreement is binding on the applicant, its employees, and the union, and it will remain in force until 30 June 2027, or until terminated or varied in accordance with its terms.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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