Bricks Australia Service Pty Limited

[2022] FWCA 214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bricks Australia Service Pty Limited

(AG2021/9098)

PGH Bricks & Pavers Albury Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2022

Application for approval of the PGH Bricks & Pavers Albury Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers Albury Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bricks Australia Service Pty Limited. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 19 – Redundancy.

However, noting clause 36 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2022. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Bricks Australia Service Pty Limited, and the Fair Work Commission was the court in which the matter was heard. The dispute centred around the approval of the PGH Bricks & Pavers Albury Enterprise Agreement 2022. The primary legal issues that the Commission had to determine were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it adhered to the procedural fairness principles.

The Fair Work Commission needed to assess whether the agreement was made in good faith, whether it covered the correct bargaining unit, and whether the bargaining process was fair and reasonable. Furthermore, the Commission had to ensure that the agreement complied with the "better off overall test" which ensures that no party is disadvantaged by the agreement compared to their previous conditions. The Commission also examined if the agreement included the necessary minimum terms and conditions as stipulated by the Fair Work Act.

The Fair Work Commission found that the agreement met the legislative requirements and adhered to procedural fairness principles. The Commission determined that the agreement was made in good faith, covered the correct bargaining unit, and the bargaining process was fair and reasonable. Additionally, the Commission confirmed that the agreement complied with the better off overall test and included the necessary minimum terms and conditions. Consequently, the Commission approved the PGH Bricks & Pavers Albury Enterprise Agreement 2022.

The Fair Work Commission approved the PGH Bricks & Pavers Albury Enterprise Agreement 2022, and no further orders were made. The agreement will now govern the employment conditions of the relevant employees, and the parties are bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established