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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Bricks Australia Services Pty Limited trading as PGH Bricks & Pavers Pty Limited, the Fair Work Commission was called upon to assess the approval of a proposed enterprise agreement. The enterprise agreement in question was the 2020 PGH Cecil Park Electrical Maintenance Enterprise Agreement. The application for approval arose under the Fair Work Act 2009, with the dispute centering around whether the agreement met the necessary criteria for approval, including ensuring that it was free from provisions that would adversely affect employees and provided for the terms and conditions of employment in a manner that balanced the interests of employers and employees.

The primary legal issues that the Commission had to address were whether the agreement was genuinely a bargain between the employer and the employees, whether it provided for a fair and reasonable set of terms and conditions, and whether it adhered to the relevant provisions of the Fair Work Act. A key point of contention was the application of the "better off overall test," which required the Commission to determine if the employees were better off overall under the proposed agreement compared to their previous conditions.

Upon reviewing the evidence and submissions from both the employer and the employees, the Commission found that the agreement satisfied the requirements for approval. It determined that the agreement was a genuine bargain, provided fair and reasonable terms and conditions, and met the better off overall test. The Commission was satisfied that the agreement appropriately balanced the interests of both parties and did not include any provisions that would be detrimental to the employees. Consequently, the Commission approved the 2020 PGH Cecil Park Electrical Maintenance Enterprise Agreement.

As a result of the Commission's decision, the 2020 PGH Cecil Park Electrical Maintenance Enterprise Agreement was approved and became effective, governing the terms and conditions of employment for the employees involved. This approval was based on the findings that the agreement was fair, balanced, and met all statutory requirements for enterprise agreements under the Fair Work Act.

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