DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Bricks Western Australia Pty Ltd T/A Midland Brick
(AG2015/5281)

MIDLAND BRICK ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Midland Brick Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Midland Brick Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Bricks Western Australia Pty Ltd T/A Midland Brick. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Worker’s Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Bricks Western Australia Pty Ltd T/A Midland Brick applied for approval of the Midland Brick Enterprise Agreement 2015. The applicant sought an order approving the enterprise agreement as a registered agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers’ Union, which raised concerns about the adequacy of the agreement, particularly regarding pay rates and conditions for employees.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was genuinely negotiated, if it contained minimum entitlements, and if it complied with the procedural fairness requirements. The applicant argued that the agreement was the product of genuine negotiations, met the minimum entitlements, and complied with all procedural requirements. The union contended that the agreement did not adequately protect employee interests, particularly in terms of pay rates and conditions.

The Commission carefully reviewed the negotiation process and the contents of the agreement. It found that the agreement was indeed the product of genuine negotiations between the parties. It also determined that the agreement met the statutory minimum entitlements required by the Fair Work Act. The Commission considered the evidence provided by both parties and concluded that the agreement provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the procedural fairness requirements were met, and there were no irregularities in the negotiation process.

The Commission approved the Midland Brick Enterprise Agreement 2015 as a registered agreement. The agreement was to be registered and enforceable from the date of the Commission’s decision. This decision ensures that the agreement is legally binding on the parties and provides a framework for the terms and conditions of employment for the employees covered by the agreement.

Boral Bricks Western Australia Pty Ltd T/A Midland Brick

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established