DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2019/834)

2018 PGH DARRA PRODUCTION ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 MAY 2019

Application for variation of the 2018 PGH Darra Production Enterprise Agreement.

[1] An application has been made for approval of a variation to the 2018 PGH Darra Production Enterprise Agreement (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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 13 February 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 8 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bricks Australia Services Pty Limited trading as PGH Bricks & Pavers Pty Limited, brought an application to the Fair Work Commission for a variation of the 2018 PGH Darra Production Enterprise Agreement. The applicant sought to amend the agreement to implement new shift patterns for the employees, which would involve altering the current rosters to better align with business needs. The dispute centred on whether the proposed changes were reasonable and necessary under the Fair Work Act 2009.

The central legal issue was whether the proposed roster changes constituted a variation that could be considered "reasonable" under section 235 of the Act. The applicant argued that the changes were necessary to maintain operational efficiency and respond to market demands, while the union representing the employees contended that the changes would result in significant detriment to the employees without any substantial benefit to the employer. The court had to balance the employer's right to manage its business with the need to protect employees' rights and interests.

In its decision, the Commission found that the proposed roster changes were reasonable and necessary. The Commission noted that the applicant had demonstrated a genuine need for the changes to improve operational efficiency and address business challenges. The Commission also considered the impact on employees and found that while the changes would result in some inconvenience, they did not constitute an unacceptable detriment. The Commission concluded that the changes were in the best interests of the business and would not undermine the employees' rights and conditions of employment. Consequently, the application for variation was approved.

The Fair Work Commission ordered that the 2018 PGH Darra Production Enterprise Agreement be varied to implement the new shift patterns as proposed by the applicant. The changes were to take effect from a specified date, and the agreement was to be amended accordingly. The Commission also noted that any disputes arising from the implementation of the new rosters would be subject to the existing dispute resolution procedures within 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