Bricks Australia Service Pty Limited

[2021] FWCA 4466

[2021] FWCA 4466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Service Pty Limited
(AG2021/6144)

PGH BRICKS & PAVERS THOMASTOWN ENTERPRISE AGREEMENT 2021 - 2024

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 28 JULY 2021

Application for approval of the PGH Bricks & Pavers Thomastown Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers Thomastown Enterprise Agreement 2021-2024 (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 Services Pty Limited T/A PGH Bricks & Pavers. The Agreement is a single enterprise agreement.

[2] 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.

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

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 21(d) and 17(c) 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.

[5] The Australian Manufacturing Workers Union and Construction Forestry Mining and Energy Union Construction and General Division Victorian Branch being bargaining representatives 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 organisations.

[6] The Agreement is approved and in accordance with s.54, will operate from 4 August 2021. The nominal expiry date of the Agreement is 18 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE512432  PR732112>

Annexure A