Bricks Australia Services Pty Limited T/A Pgh Bricks & Pavers

[2023] FWCA 2463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bricks Australia Services Pty Limited T/A Pgh Bricks & Pavers

(AG2023/1998)

PGH BRICKS & PAVERS GOLDEN GROVE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 7 AUGUST 2023

Application for approval of the PGH Bricks & Pavers Golden Grove Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers Golden Grove Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers, for approval of the PGH Bricks & Pavers Golden Grove Enterprise Agreement 2023. The applicant sought to finalise the terms of employment for its employees, including wages, conditions of work, and other employment-related matters. The dispute centred on the procedural fairness and compliance of the enterprise agreement with the applicable provisions of the Fair Work Act 2009.

The central legal issue the Commission had to address was whether the enterprise agreement had been negotiated in good faith, whether the process followed was procedurally fair, and whether the agreement met the requirements for registration under the Fair Work Act. Additionally, the Commission had to determine if there were any errors or omissions in the agreement that could render it invalid.

The Commission considered the evidence provided by the parties, including the negotiation process, the consultation undertaken with the employees, and the fairness of the agreement's terms. The applicant demonstrated that the negotiation process was thorough, involving multiple meetings and discussions with the employees' representatives. The Commission found that the agreement was negotiated in good faith and that the process followed was procedurally fair. The terms of the agreement were also found to be reasonable and compliant with the Fair Work Act. The Commission concluded that the agreement met all the necessary criteria for approval and registration.

Accordingly, the Fair Work Commission approved the PGH Bricks & Pavers Golden Grove Enterprise Agreement 2023. The agreement will now be registered with the Fair Work Ombudsman and will apply to the employees of Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers, from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established