Boral Bricks Pty Ltd

[2013] FWCA 7537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Bricks Pty Ltd
(AG2013/2553)

BORAL BRICKS THOMASTOWN ENTERPRISE AGREEMENT 2013 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Boral Bricks Thomastown Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Bricks Thomastown Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Boral Bricks Pty Ltd. The agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking pursuant to s.190 of the Act which I have accepted and which is attached to this decision at Appendix A. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the CFMEU and AMWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 4 October 2013. The nominal expiry date of the Agreement is 3 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved Boral Bricks Pty Ltd, a company operating in the brick manufacturing industry, and various unions representing its employees. The matter was brought before the Fair Work Commission of Australia, which was tasked with considering the application for approval of the Boral Bricks Thomastown Enterprise Agreement 2013 - 2017. The dispute centred on whether the agreement met the necessary standards and requirements under the Fair Work Act 2009, particularly concerning minimum wages, conditions, and the overall fairness of the terms proposed by Boral Bricks.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the Fair Work Act and whether it appropriately balanced the interests of both the employer and the employees. Specifically, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and whether it met the requirements for "better off overall" and "no disadvantage" tests as prescribed by the legislation.

In delivering its decision, the Commission carefully considered the provisions of the proposed agreement against the statutory benchmarks. It examined whether the agreement ensured that employees were not worse off financially or in terms of their conditions compared to what they would have under the applicable awards or previous agreements. The Commission also evaluated whether the agreement allowed for a fair and reasonable process for resolving disputes between the parties. After thorough analysis, the Commission found that the Boral Bricks Thomastown Enterprise Agreement 2013 - 2017 was compliant with the Fair Work Act and approved the agreement, considering it met the necessary standards for fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established