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

[2019] FWCA 3125

[2019] FWCA 3125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers
(AG2019/932)

2019 PGH GOLDEN GROVE PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 7 MAY 2019

Application for approval of the 2019 PGH Golden Grove Production Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2019 PGH Golden Grove Production Employees Enterprise Agreement (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 Agreement is a single enterprise agreement.

[2] 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.

[3] The The Australian Workers’ 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) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 32 – Annual leave

•  Clause 35 – Personal/ Carers’ Leave

However, noting clause 3 of the Agreement, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 6 May 2023.

COMMISSIONER

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