Bricks Australia Services Pty Limited
[2022] FWCA 168
•21 JANUARY 2022
| [2022] FWCA 168 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Bricks Australia Services Pty Limited
(AG2021/9093)
2021 Bringelly pgh bricks enterprise agreement
| Manufacturing and associated industries | |
| Commissioner Matheson | SYDNEY, 21 JANUARY 2022 |
Application for approval of the 2021 Bringelly PGH Bricks Enterprise Agreement.
An application has been made for approval of an enterprise agreement known as the 2021 Bringelly PGH Bricks Enterprise Agreement (Agreement). The application was made by Bricks Australia Services Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached.
The Construction, Forestry, Maritime, 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2022. The nominal expiry date of the Agreement is 6 June 2024.
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