DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks WA Pty Ltd
(AG2019/188)

AUSTRAL BRICKS WA (CLAY/BRICK CARTAGE) AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 13 MAY 2019

Application for approval of the Austral Bricks WA (Clay/Brick Cartage) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks WA (Clay/Brick Cartage) Agreement 2019 (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. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 12 February 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Austral Bricks WA Pty Ltd, who sought approval of the Austral Bricks WA (Clay/Brick Cartage) Agreement 2019. The application was heard in the Fair Work Commission. The agreement sought to regulate the terms and conditions of employment for brick cartage workers within the company. The dispute centred on whether the agreement provided for the fair and efficient resolution of workplace issues and adequately protected the rights of the employees involved.

The primary legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of its provisions for employee representation, dispute resolution, and the balance of rights and obligations between employers and employees. The Commission had to determine if the agreement was sufficiently comprehensive and if it provided an appropriate framework for fair and efficient workplace relations.

The Fair Work Commission found that the agreement contained all the necessary provisions for employee representation and dispute resolution mechanisms, and that it was comprehensive and balanced in its approach. The Commission also considered the views of the employees and the employer, and determined that the agreement was in the best interests of the employees. Consequently, the Commission approved the agreement, recognising its fairness and efficiency in addressing workplace issues.

No specific final orders were mentioned in the text, but the approval of the agreement would typically result in its registration with the Fair Work Commission, making it a legally binding enterprise agreement.

Austral Bricks WA Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established