Austral Bricks WA

[2016] FWCA 2956

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Bricks WA Pty Ltd T/A Austral Bricks

(AG2016/2736)

AUSTRAL BRICKS WA (CLAY/BRICK CARTAGE) AGREEMENT

2016

Road transport industry

COMMISSIONER ROE

MELBOURNE, 12 MAY 2016

Application for approval of the Austral Bricks WA (Clay/Brick Cartage) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Austral Bricks WA (Clay/Brick Cartage) Agreement 2016 (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 WA Pty Ltd T/A Austral Bricks. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.
[2016] FWCA 2956

[4] The Agreement was approved on 12 May 2016 and, in accordance with s.54, will

operate from 19 May 2016. The nominal expiry date of the Agreement is 19 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2956

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve an enterprise agreement between Austral Bricks WA Pty Ltd and its employees. The agreement, known as the Austral Bricks WA (Clay/Brick Cartage) Agreement 2016, was proposed under section 185 of the Fair Work Act 2009. The applicant, Austral Bricks WA, submitted written undertakings which the Commissioner found would not financially harm any employee or substantially alter the agreement. The Commission assessed whether the agreement met the criteria under sections 186, 187, 188, and 190 of the Act. The agreement, although not covering all employees, was deemed to have been fairly chosen based on the factors outlined in sections 186(3) and 186(3A).

The key legal issues before the Commissioner involved verifying if the agreement met the necessary conditions for approval under the Fair Work Act. This included ensuring that the agreement was fairly chosen and did not cause financial detriment to the employees. The Commissioner also had to confirm that the agreement complied with the specified sections of the Act. The Commissioner found that Austral Bricks WA had provided satisfactory written undertakings and that the agreement met all the legal requirements for approval.

Based on the assessment, the Commissioner approved the agreement on 12 May 2016. The agreement came into effect on 19 May 2016 and was set to expire on 19 May 2017. The decision was made in accordance with section 54 of the Fair Work Act. The Commissioner's approval of the agreement signified that it complied with the relevant legal standards and could be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established