DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited t/a PGH Bricks & Pavers Pty Limited
(AG2020/1954)

2020 PGH GOLDEN GROVE MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 AUGUST 2020

Application for approval of the 2020 PGH Golden Grove Maintenance Employees Enterprise Agreement.

[1] PGH Bricks & Pavers Pty Limited has applied for approval of a single enterprise agreement known as the 2020 PGH Golden Grove Maintenance Employees Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] PGH Bricks & Pavers Pty Limited sought to correct a typographical error in the original application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertaking, 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.

[7] The Agreement was approved on 4 August 2020 and, in accordance with s.54, will operate from 11 August 2020. The nominal expiry date of the Agreement is 4 August 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bricks Australia Services Pty Limited trading as PGH Bricks & Pavers Pty Limited and the Australian Manufacturing Workers' Union. The dispute was an application for the approval of the 2020 PGH Golden Grove Maintenance Employees Enterprise Agreement. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider whether the agreement was fairly and appropriately negotiated, and whether it contained appropriate terms and conditions of employment. The Commission also had to determine whether the agreement was in line with the objects of the Act, which include promoting high levels of employment and income, and facilitating cooperative and productive workplace relations.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, as well as the evidence presented. The Commission found that the agreement was fairly and appropriately negotiated and that it contained appropriate terms and conditions of employment. The Commission also found that the agreement was in line with the objects of the Act and was in the best interests of the employees. The Commission approved the 2020 PGH Golden Grove Maintenance Employees Enterprise Agreement.

The Fair Work Commission made an order approving the 2020 PGH Golden Grove Maintenance Employees Enterprise Agreement as a registered agreement under the Fair Work Act 2009. The agreement is now binding on the parties and will govern the employment conditions of the employees covered by the agreement.

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