Bricks Australia Service Pty Limited Summary

[2024] FWCA 3578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bricks Australia Service Pty Limited

(AG2024/3304)

PGH BRICKS & PAVERS THOMASTOWN ENTERPRISE AGREEMENT 2024 – 2027

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 OCTOBER 2024

Application for approval of the PGH Bricks & Pavers Thomastown Enterprise Agreement 2024 – 2027

Bricks Australia Service Pty Limited has made an application for approval of an enterprise agreement known as the PGH Bricks & Pavers Thomastown Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime Employees Union (CFMEU), 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 AMWU and the CFMEU.

The Agreement was approved on 11 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Bricks Australia Service Pty Limited, the Fair Work Commission was tasked with assessing and approving the proposed enterprise agreement between PGH Bricks & Pavers Thomastown and its employees for the period 2024 to 2027. The primary concern centred around whether the agreement adhered to the relevant statutory provisions and whether it was fair and reasonable in the context of the industrial relationship. The Fair Work Commission's role was to ensure that the agreement met the necessary criteria under the Fair Work Act 2009.

The key legal issues before the Fair Work Commission included whether the agreement contained appropriate provisions for employee representation, whether the terms of employment were fair and reasonable, and if the agreement met the statutory requirements for enterprise agreements. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of both the employer and the employees. The Commission was required to examine whether the agreement was certified as "no disadvantage" under section 234 of the Fair Work Act 2009.

In deliberating on these issues, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The agreement included adequate provisions for employee representation and provided for terms and conditions that were considered equitable. The Commission determined that the agreement did not disadvantage any employees and was in compliance with the statutory requirements. As a result, the Fair Work Commission approved the enterprise agreement, recognising its fairness and appropriateness for the period specified.

The Fair Work Commission's approval of the enterprise agreement signifies a resolution to the application, ensuring that the terms of employment for the employees of PGH Bricks & Pavers Thomastown are legally sound and balanced. The final orders of the Commission included the formal approval of the enterprise agreement, effective from the stipulated period of 2024 to 2027.

Bricks Australia Service Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established