Bricks Australia Services Pty Limited

[2022] FWCA 4017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bricks Australia Services Pty Limited

(AG2022/4569)

2021 Oxley PGH Bricks Enterprise Agreement

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 16 NOVEMBER 2022

Application for approval of the 2021 Oxley PGH Bricks Enterprise Agreement

Bricks Australia Services Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the 2021 Oxley PGH Bricks Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

I have taken into consideration the material filed in the Fair Work Commission (the Commission). 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) being bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU and CFMMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 20 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved Bricks Australia Services Pty Limited, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The dispute centred around the approval of the 2021 Oxley PGH Bricks Enterprise Agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues that the Commission needed to resolve included whether the agreement had been made in good faith, whether it provided for the proper classification of employees, and whether it contained all the terms required by the Act.

The Fair Work Commission, after examining the submissions and evidence provided by both parties, found that the 2021 Oxley PGH Bricks Enterprise Agreement had been made in good faith. The Commission was satisfied that the agreement included all the mandated terms and conditions, including those relating to classification, wages, and other employment-related matters. The Commission noted that the agreement reflected the parties' intent to fairly and reasonably address the employment needs of the employees and the operational requirements of the employer. Consequently, the Commission determined that the agreement complied with the statutory requirements and was in the best interests of the employees.

In light of the findings, the Fair Work Commission approved the 2021 Oxley PGH Bricks Enterprise Agreement. The approval ensures that the terms and conditions of employment as outlined in the agreement are legally binding and enforceable. This outcome provides certainty and stability to both the employer and the employees, ensuring that the agreement serves as a fair and effective framework for the ongoing employment relationship. The Commission's decision reflects its role in facilitating fair work practices and resolving disputes in the industrial relations sphere.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established