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

[2020] FWCA 2771

[2020] FWCA 2771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2020/1266)

2020 PGH CECIL PARK ELECTRICAL MAINTENANCE ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 28 MAY 2020

Application for approval of the 2020 PGH Cecil Park Electrical Maintenance Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2020 PGH Cecil Park Electrical Maintenance 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 17.2 of the Agreement makes provision for deductions which in my view may not be permitted deductions within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[4] I further observe that clause 10.4 of the Agreement relating to work requirement on public holidays is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2020. The nominal expiry date of the Agreement is 16 March 2022.

DEPUTY PRESIDENT

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