DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2018/6561)

PGH BRICKS & PAVERS ALBURY ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 2 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers Albury Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 1 January 2022.

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 approval of an enterprise agreement from the Fair Work Commission. The dispute centred around the proposed terms and conditions of employment for workers within the company, as outlined in the PGH Bricks & Pavers Albury Enterprise Agreement 2018-2022. The Fair Work Commission was tasked with determining whether the agreement should be approved, which required assessing the fairness of the agreement's provisions.

The primary legal issues before the Commission included whether the agreement met the requirements of being "better off overall" for the employees, and whether it adhered to the principles of procedural fairness and good faith bargaining. Additionally, the Commission had to consider if the agreement complied with relevant industrial laws and if it was made in accordance with the proper bargaining process. The court also needed to ensure that the agreement did not unfairly disadvantage any group of employees.

The Commission found that the agreement was fair and met the necessary criteria. The decision was based on the comprehensive nature of the agreement, which included provisions for wages, hours of work, and other employment conditions. The Commission concluded that the agreement was likely to result in the employees being better off overall, taking into account both financial and non-financial benefits. Furthermore, the process of bargaining was deemed to be conducted in good faith, with adequate opportunity for negotiation between the parties. The Commission approved the agreement, finding it to be fair and compliant with the relevant industrial legislation.

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