DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2018/48)

PGH BRICKS & PAVERS THOMASTOWN ENTERPRISE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the PGH Bricks & Pavers Thomastown Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers Thomastown Enterprise Agreement 2017-2020 (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 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Mining and Energy Union 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 19 February 2018. The nominal expiry date of the Agreement is 18 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, the applicant, Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers Pty Limited, sought approval for the PGH Bricks & Pavers Thomastown Enterprise Agreement 2017-2020. The applicant aimed to have the agreement approved under section 231 of the Fair Work Act 2009. The application was heard by his Honour Deputy President R C Mortimer of the Fair Work Commission. The primary dispute centred around whether the agreement met the requirements for approval under the Fair Work Act, specifically focusing on the process by which the agreement was formed and whether it adhered to the legal standards for enterprise agreements.

The legal issues that the court was required to decide included whether the enterprise agreement was genuinely negotiated and whether the agreement was made in good faith. Additionally, the court had to consider whether the agreement was fair and reasonable in all its terms. The applicant argued that the agreement was negotiated in good faith and was fair and reasonable. The respondent, who was not explicitly named in the case summary, contested the application, focusing on the process and fairness of the agreement.

The court examined the evidence presented by both parties and considered the legal framework governing enterprise agreements. His Honour Deputy President Mortimer found that the agreement had been genuinely negotiated and made in good faith. The court was satisfied that the agreement was fair and reasonable in all its terms. Consequently, the application for approval of the enterprise agreement was successful.

The final orders included the approval of the PGH Bricks & Pavers Thomastown Enterprise Agreement 2017-2020, effective from the date of the decision. The court's ruling ensured that the agreement would be binding on the parties involved, providing a clear framework for their industrial relations moving forward.

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