Azza’s Bricklaying Pty Ltd

[2023] FWCA 252

[2023] FWCA 252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Azza’s Bricklaying Pty Ltd

(AG2022/5479)

AZZA’S BRICKLAYING PTY LTD ENTERPRISE AGREEMENT 2022 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 24 JANUARY 2023

Application for approval of the AZZA’S BRICKLAYING PTY LTD ENTERPRISE AGREEMENT 2022 – 2026

1. An application has been made for approval of an enterprise agreement known as the Azza’s Bricklaying Pty Ltd Enterprise Agreement 2022-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Azza’s Bricklaying Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I note the Agreement covers those employees of the Applicant who are engaged in the callings or classifications defined by the Appendices of the Agreement[1] which does not include Apprentices or Trainees however there is a reference to Apprentices and Trainees at clause 13.1.8.

1. The Applicant has provided written undertakings which remove the reference to Apprentices and Trainees within the Agreement, therefore making it clear that Apprentices and Trainees will not be covered by the Agreement but rather the relevant Award.

1. A further undertaking has been provided which recognises that the NES takes precedence to the extent of any inconsistency with the Agreement in respect of concerns I had about the following clauses of the Agreement:

·   Clause 9.3.2 Deductions from NES entitlements; and

·   Clause 12.4.3 Termination not due to serious misconduct

1. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 23 January 2027.

DEPUTY PRESIDENT

[1] Clause 3.2.1(b) of the Agreement.

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