DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2018/1192)

2017 BRINGELLY PGH BRICKS ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 21 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the 2017 Bringelly 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 Pty 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, Maritime, 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 28 June 2018. The nominal expiry date of the Agreement is 6 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Bricks Australia Services Pty Limited trading as PGH Bricks & Pavers Pty Limited. The company sought approval for the 2017 Bringelly PGH Bricks Enterprise Agreement. The dispute centred on whether the agreement complied with the relevant industrial legislation and if it adequately represented the interests of the employees. The matter was heard in the Fair Work Commission. The legal issues that the court had to address were primarily whether the agreement met the requirements under the Fair Work Act 2009 and if it had been fairly negotiated and certified as a simple, genuine, and valid agreement.

The court examined whether the agreement provided for minimum terms and conditions of employment as required by the Fair Work Act. It also considered whether the agreement was genuinely negotiated and whether the certification process was properly conducted. The court delved into the specific provisions of the agreement, including wages, working hours, and other employment terms, to ensure they met the necessary legal standards. Additionally, the court evaluated the process of certification and whether the relevant authorities had correctly assessed and certified the agreement.

In its reasoning, the court found that the 2017 Bringelly PGH Bricks Enterprise Agreement did comply with the Fair Work Act. The court determined that the agreement contained all the required minimum terms and conditions and that the certification process had been appropriately followed. The court was satisfied that the agreement had been genuinely negotiated and represented the interests of the employees as intended. As a result, the court approved the application for the agreement's approval.

The court's decision resulted in the formal approval of the 2017 Bringelly PGH Bricks Enterprise Agreement, ensuring that it could be implemented as intended. This approval was crucial for both the employer and the employees, providing clarity and certainty regarding their employment terms and conditions. The court's decision was a thorough and careful examination of the legal requirements and the specifics of the agreement, ensuring that the interests of all parties were adequately protected.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established