Austral Bricks (WA) Pty Ltd T/A Bristile Roofing Summary

[2023] FWCA 678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/367)

Austral Bricks WA (Clay/Brick Cartage) Agreement 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 MARCH 2023

Application for approval of the Austral Bricks WA (Clay/Brick Cartage) Agreement 2023

Austral Bricks (WA) Pty Ltd T/A Bristile Roofing (the Applicant) has made an application for the approval of an enterprise agreement known as the Austral Bricks WA (Clay/Brick Cartage) Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

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

The Agreement was approved on 2 March 2023 and, in accordance with s 54, will operate from 9 March 2023. The nominal expiry date of the Agreement is 12 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Deputy President was an application for approval of a proposed agreement, the Austral Bricks WA (Clay/Brick Cartage) Agreement 2023. The applicant, Austral Bricks (WA) Pty Ltd, trading as Bristile Roofing, sought approval of the agreement, which had been negotiated with a certified union, the Construction, Forestry, Maritime, Mining and Energy Union. The agreement was aimed at regulating the employment terms and conditions for individuals employed as carters within the clay and brick cartage industry in Western Australia.

The primary legal issue before the Deputy President was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Deputy President needed to determine if the agreement was in the public interest, whether it provided for minimum terms and conditions of employment, and if it had been genuinely negotiated. Additionally, the Deputy President needed to ensure that the agreement did not adversely affect the safety and health of employees and was not inconsistent with any existing industrial instrument.

In reaching a decision, the Deputy President examined the provisions of the proposed agreement and the evidence presented by both parties. The Deputy President found that the agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, working hours, and leave entitlements. The Deputy President was satisfied that the agreement had been genuinely negotiated and that it did not contain any terms that were inconsistent with existing industrial instruments. Furthermore, the Deputy President found that the agreement did not adversely affect the safety and health of employees and was in the public interest.

Accordingly, the Deputy President approved the Austral Bricks WA (Clay/Brick Cartage) Agreement 2023. The agreement will now be registered with the Fair Work Commission and will apply to the relevant employees and employers within the clay and brick cartage industry in Western Australia.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established