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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers, and its employees. The dispute centred around the application for approval of the 2019 PGH Golden Grove Production Employees Enterprise Agreement. The Fair Work Commission was the tribunal tasked with making the decision. The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission had to determine if the agreement contained all the prescribed minimum terms and conditions, was made in good faith, and whether it was an appropriate instrument for facilitating the making of an enterprise agreement. Additionally, the Commission considered if the agreement was certified by an independent certifier and if it complied with the provisions of the Fair Work Act, particularly in relation to the provisions concerning good faith bargaining and the absence of protected action. The Commission examined submissions from both the employer and the employees and assessed the overall fairness and compliance of the agreement with the statutory requirements.

The Fair Work Commission found that the 2019 PGH Golden Grove Production Employees Enterprise Agreement was made in good faith and included all the prescribed minimum terms and conditions. The Commission also determined that the agreement was an appropriate instrument for facilitating the making of an enterprise agreement. Furthermore, the agreement was certified by an independent certifier and met all the necessary statutory requirements. The Commission concluded that the agreement was fair and appropriate for approval under the Fair Work Act.

The Fair Work Commission approved the 2019 PGH Golden Grove Production Employees Enterprise Agreement, confirming its compliance with all relevant statutory provisions and its appropriateness for facilitating the making of an enterprise agreement. This decision ensures that the agreement will govern the employment terms of the employees, subject to the Fair Work Act and any applicable regulations.

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