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

[2020] FWCA 4604

[2020] FWCA 4604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers
(AG2020/2175)

PGH BRICKS AND PAVERS HORSLEY PARK ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 AUGUST 2020

Application for approval of the PGH Bricks and Pavers Horsley Park Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the PGH Bricks and Pavers Horsley Park Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bricks Australia Services Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 28 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] 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 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2020. The nominal expiry date of the Agreement is 7 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508884  PR722289>

Annexure A