DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers
(AG2017/263)

PGH BRICKS SCORESBY ELECTRICAL ENTERPRISE AGREEMENT 2016 - 2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 8 MARCH 2017

Application for approval of the PGH Bricks Scoresby Electrical Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks Scoresby Electrical Enterprise Agreement 2016 - 2020 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2017. The nominal expiry date of the Agreement is 8 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the PGH Bricks Scoresby Electrical Enterprise Agreement 2016 to 2020. The applicant, Bricks Australia Services Pty Limited trading as PGH Bricks & Pavers, sought approval of the enterprise agreement under the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, which is responsible for regulating and approving such agreements. The Commission's role includes ensuring that the agreement complies with the Act and that it has been fairly negotiated between the employer and the employees.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act, particularly in terms of its fairness and negotiation process. The applicant argued that the agreement was the result of genuine negotiations and was fair and reasonable. The Commission had to assess the evidence provided and determine whether the agreement was made in good faith, complied with the statutory provisions, and was fair and reasonable. This involved examining the negotiation process, the terms of the agreement, and whether it provided adequate protections for the employees.

The Fair Work Commission found that the applicant had demonstrated that the agreement was the product of genuine negotiations and was fair and reasonable. The Commission noted that the applicant had provided detailed evidence of the negotiation process, including meetings, communications, and the involvement of employee representatives. The terms of the agreement were considered fair, providing appropriate protections and benefits to the employees. Consequently, the Commission approved the PGH Bricks Scoresby Electrical Enterprise Agreement 2016 to 2020. The approval was based on the applicant's successful demonstration that the agreement met the necessary legal standards and was fair to all parties involved.

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