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

[2017] FWCA 4735

[2017] FWCA 4735

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2017/2713)

PGH Bricks & Pavers Darra Maintenance Enterprise Agreement 2016

Manufacturing and associated industries
Commissioner Johns	SYDNEY, 11 SEPTEMBER 2017

Application for approval of the PGH Bricks & Pavers Darra Maintenance Enterprise Agreement 2016.

1. On 5 July 2017 Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited (Applicant) made an application for approval of the PGH Bricks & Pavers Darra Maintenance Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

1. The Agreement was lodged within 14 days after it was made.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the undertakings were provided to the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for their reference.

1. Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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), the Commission notes that the Agreement covers these organisations.

1. The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 September 2017. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

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Annexure A