DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2018/3649)

2017 OXLEY PGH BRICKS ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the 2017 Oxley PGH Bricks Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2017 Oxley PGH Bricks 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2018. The nominal expiry date of the Agreement is 20 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers Pty Limited, the Fair Work Commission was asked to determine the application for approval of the 2017 Oxley PGH Bricks Enterprise Agreement. The application for approval was made by the employer, and the relevant union opposed the application. The dispute centred on the terms of the enterprise agreement, specifically concerning the classification of employees and the impact of the proposed changes on their conditions of employment.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it provided for the proper classification and remuneration of employees. The union argued that the agreement failed to adequately protect the rights and conditions of the employees and did not meet the requirements for good faith bargaining. The employer, on the other hand, contended that the agreement was a genuine attempt to address the needs of the business and employees and was made in compliance with the relevant legislative provisions.

After reviewing the submissions and evidence presented by both parties, the Commission found that the 2017 Oxley PGH Bricks Enterprise Agreement was made in good faith and met the necessary criteria for approval. The Commission was satisfied that the agreement provided for the proper classification of employees and that the changes proposed did not adversely affect the employees' conditions. The Commission noted that the agreement addressed the employer's need for flexibility and efficiency while also providing adequate protections for the employees. Consequently, the application for approval of the enterprise agreement was approved.

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