DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2017/6587)

2017 SCORESBY PGH BRICKS AND PAVERS ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2018

Application for approval of the 2017 Scoresby PGH Bricks & Pavers Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2017 Scoresby PGH Bricks & Pavers 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2018. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers Pty Limited, which sought approval for its 2017 Scoresby Enterprise Agreement. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the enterprise agreement complied with the requirements of the Act and the appropriate procedural steps were followed. The matter was heard in the Fair Work Commission.

The primary legal issues the court had to address were whether the agreement was a "good faith" negotiation product and whether it contained the mandatory terms as outlined in the Fair Work Act. Additionally, the court examined whether the appropriate consultation and negotiation processes were followed, including the requirement to provide a copy of the agreement to the employees and ensuring that they had a reasonable opportunity to discuss it. The court also considered whether the application for approval was made within the prescribed timeframe and whether the agreement had been appropriately advertised.

The court found that the enterprise agreement was the product of good faith negotiations and contained all the mandatory terms as required by the Fair Work Act. The court was satisfied that the negotiation and consultation processes were conducted appropriately, with employees given a reasonable opportunity to discuss the agreement. The court also confirmed that the application for approval was made within the required timeframe and that the agreement had been appropriately advertised. Based on these findings, the court approved the 2017 Scoresby Enterprise Agreement.

The court's decision was that the application for approval of the 2017 Scoresby Enterprise Agreement was granted. The court found that the agreement met all the legal requirements and was the product of genuine negotiations. The court's approval of the agreement ensured that it would be binding on the parties and enforceable under the Fair Work Act.

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