DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austral Bricks (WA) Pty Ltd T/A Austral Bricks
(AG2017/6220)

AUSTRAL BRICKS WA (CLAY/BRICK CARTAGE) AGREEMENT 2018

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2018

Application for approval of the Austral Bricks WA (Clay/Brick Cartage) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks WA (Clay/Brick Cartage) Agreement 2018 (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] 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 16 April 2018. The nominal expiry date of the Agreement is 11 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Austral Bricks WA (Clay/Brick Cartage) Agreement 2018 by Austral Bricks (WA) Pty Ltd, trading as Austral Bricks, to the Fair Work Commission. The application pertained to the approval of an enterprise agreement which covered employees who were involved in the transportation of clay and bricks. The central issues in the case revolved around whether the agreement complied with the relevant statutory requirements and whether it was fair and reasonable.

The court needed to determine if the agreement met the criteria set forth in the Fair Work Act 2009, including whether it was made in good faith, provided for a proper process for resolving disputes, and was free from any improper conduct. Additionally, the court had to assess whether the agreement was procedurally fair and whether it appropriately balanced the interests of the employer and the employees. The court also considered whether the agreement was consistent with the principles of the national workplace relations system and if it promoted harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Fair Work Commission evaluated the fairness of the agreement by examining the bargaining process, the content of the agreement, and the interests of the parties involved. The Commission found that the agreement was made in good faith and that the bargaining process was appropriate and free from any significant procedural defects. Furthermore, the Commission determined that the agreement was fair and reasonable, taking into account the need to promote harmonious, productive and cooperative workplace relations. Consequently, the court approved the Austral Bricks WA (Clay/Brick Cartage) Agreement 2018.

The final orders of the court included the approval of the Austral Bricks WA (Clay/Brick Cartage) Agreement 2018, which was to be registered with the Fair Work Commission. The agreement was to be binding on the parties and enforceable under the Fair Work Act 2009. The court's decision was based on the comprehensive evaluation of the agreement and the conclusion that it met all the necessary statutory requirements.

Austral Bricks (WA) Pty Ltd T/A Austral Bricks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established