DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2020/1401)

PGH BRICKS & PAVERS ALBURY ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 JUNE 2020

Application for variation of the PGH Bricks & Pavers Albury Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of a variation to the PGH Bricks & Pavers Albury Enterprise Agreement 2018 - 2022 (the Agreement). The application was made by Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 4 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers Pty Limited, sought variation of the PGH Bricks & Pavers Albury Enterprise Agreement 2018 - 2022 in the Federal Circuit Court of Australia. The application arose from a dispute between the employer and the Australian Manufacturing Workers' Union, which represented the employees. The employer sought changes to the agreement, including adjustments to employee classifications, hours of work, and pay rates, in response to economic pressures and operational changes.

The court was required to determine whether the proposed variations were reasonable and justified under the Fair Work Act 2009. Key issues included whether the changes were necessary for the business's economic viability, whether they were made in good faith, and whether the employer had followed appropriate consultation processes with the union. The court also needed to consider the impact of the variations on the employees' terms and conditions and whether there was sufficient evidence to support the employer's claims.

The court found that the employer had demonstrated a genuine need for the variations due to financial difficulties and operational changes. The employer provided comprehensive evidence, including financial records and expert testimony, to support its claims. The court was satisfied that the variations were necessary for the business's economic viability and that the employer had acted in good faith. The court also noted that the employer had engaged in meaningful consultation with the union, although there were some procedural shortcomings. Overall, the court determined that the proposed variations were reasonable and justified under the Fair Work Act.

The court varied the PGH Bricks & Pavers Albury Enterprise Agreement 2018 - 2022 to reflect the changes proposed by the employer. The variations included adjustments to employee classifications, hours of work, and pay rates, as well as modifications to leave entitlements and penalty rates. The court's decision allowed the employer to implement the necessary changes to address its economic challenges while ensuring that the employees' interests were protected to the extent possible.

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