DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Limited
(AG2017/2048)

2017 SCHOFIELDS PGH BRICKS ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 30 JUNE 2017

Application for approval of the 2017 Schofields PGH Bricks Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2017 Schofields PGH Bricks 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 Limited. 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 Construction, Forestry, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers Limited, sought approval for the 2017 Schofields PGH Bricks Enterprise Agreement from the Fair Work Commission. The application was made in light of a dispute that arose regarding the terms of the proposed agreement, which had not been ratified by the employees. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the proposed enterprise agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was appropriately certified by the Fair Work Ombudsman. Additionally, the court needed to consider whether the agreement complied with the procedural requirements of the Fair Work Act, including whether it was made in good faith and whether the necessary steps were taken to ensure the employees' views were considered.

The Fair Work Commission found that the proposed enterprise agreement did indeed provide for fair and reasonable terms and conditions of employment. The court noted that the agreement addressed various aspects of employment, including wages, hours of work, leave provisions, and other relevant matters. Furthermore, the court determined that the agreement was appropriately certified by the Fair Work Ombudsman, and that all procedural requirements under the Fair Work Act were met. The court was satisfied that the necessary steps were taken to ensure that employees' views were considered, despite the agreement not being ratified by the employees.

The Fair Work Commission approved the 2017 Schofields PGH Bricks Enterprise Agreement, thereby resolving the dispute between the parties. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by its terms. This decision provided clarity and finality to the parties involved, ensuring that the agreement could be implemented as intended.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established