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

Annexure A

CaseChat Overview and Summary

The matter before the Court was an application by Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers, for approval of the PGH Bricks and Pavers Horsley Park Enterprise Agreement 2020. The applicant sought the Court's determination to ensure the agreement would be legally binding upon the parties involved, namely the employer and the employees covered under the agreement. The application was lodged under the Fair Work Act 2009, which empowers the Fair Work Commission to approve enterprise agreements that meet specific criteria.

The legal issues central to this application revolved around whether the agreement complied with the statutory requirements outlined in the Fair Work Act. Key considerations included whether the agreement had been genuinely negotiated, whether it contained the minimum terms and conditions as prescribed by the Act, and whether it met the good faith requirements. The applicant argued that the agreement had been negotiated in good faith and that it included all mandatory terms and conditions.

The Court examined the evidence provided by the applicant and considered the statutory framework. It found that the agreement had indeed been negotiated in good faith and contained all the required terms and conditions. The Court was satisfied that the process adhered to the legislative provisions and that the agreement was fair and reasonable for the employees involved. Consequently, the Court approved the PGH Bricks and Pavers Horsley Park Enterprise Agreement 2020.

The Court's decision was based on the applicant meeting the criteria set forth in the Fair Work Act. The agreement was approved, and it is now legally binding between the employer and the employees. This approval ensures that the terms and conditions set out in the agreement are enforceable, providing a clear framework for the employment relationship.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established