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

Annexure A

CaseChat Overview and Summary

Bricks Australia Service Pty Limited sought approval for the PGH Bricks & Pavers Thomastown Enterprise Agreement 2021-2024 from the Fair Work Commission. The agreement was aimed at establishing terms and conditions for employees at the Thomastown site, covering matters such as wages, hours of work, leave entitlements, and other employment terms. The application was brought before the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements set out in the Fair Work Act, particularly concerning procedural fairness, the content of the agreement, and its compliance with the Better Off Overall Test (BOOT). The Commission had to determine if the agreement was fairly negotiated and if it provided employees with a better overall package than the applicable award or safety net minimum terms. The company argued that the agreement was negotiated in good faith and met all legislative requirements.

The Fair Work Commission found that the enterprise agreement was negotiated in accordance with the Act and provided a better overall package to the employees compared to the relevant award. The Commission noted that the agreement contained all the necessary provisions and had been communicated to the employees. Furthermore, the agreement satisfied the BOOT by providing improvements in certain areas, such as leave entitlements and shift penalties. The Commission approved the application for the enterprise agreement, finding that it met all legal requirements and was in the best interest of the employees.

The Fair Work Commission approved the PGH Bricks & Pavers Thomastown Enterprise Agreement 2021-2024, recognising it as a valid and legally binding agreement between the employer and the employees. The approval was based on the finding that the agreement was fairly negotiated and provided employees with a better overall package than the applicable award. The Commission's decision affirmed the importance of ensuring that enterprise agreements comply with the requirements of the Fair Work Act and protect the rights of both employers and employees.

Bricks Australia Service Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established