DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2018/5417)

2018 PGH DARRA PRODUCTION ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 13 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the 2018 PGH Darra Production 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Bricks Australia Services Pty Limited trading as PGH Bricks & Pavers Pty Limited, the application for approval of the 2018 PGH Darra Production Enterprise Agreement was heard by the Fair Work Commission. The dispute centred on the fairness and appropriateness of the proposed agreement, which was intended to regulate the terms and conditions of employment for workers within the Darra Production Enterprise. The application was brought by the employer, Bricks Australia Services, seeking validation of the agreement under the Fair Work Act 2009. The dispute involved scrutiny of whether the agreement met the criteria for being deemed a simple, low-risk, and fair agreement, as well as whether it complied with the procedural and substantive requirements set out in the Act.

The legal issues before the commission included the assessment of whether the agreement adequately covered the prescribed minimum terms and conditions, as well as whether the negotiation process was conducted in good faith. The commission had to determine if the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Another pivotal aspect was the examination of whether the agreement provided for a fair and efficient dispute resolution process. The commission also needed to consider the views and submissions from the parties involved and any other relevant stakeholders.

The commission, after thorough examination, found that the 2018 PGH Darra Production Enterprise Agreement met the statutory requirements for approval. It determined that the agreement was simple, low-risk, and fair, as it covered all the prescribed minimum terms and conditions and provided for an efficient dispute resolution mechanism. The commission also found that the negotiation process was conducted in good faith and that the agreement was balanced in its consideration of the interests of both parties. Consequently, the commission approved the application for the agreement to be registered, thereby formalising the terms and conditions of employment as outlined in 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