DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2018/1735)

PGH BRICKS AND PAVERS SA GOLDEN GROVE MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2018 (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] Written undertakings have been given in accordance with s.190. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2018. The nominal expiry date of the Agreement is 10 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited applied to the Fair Work Commission for approval of the PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers' Union. The primary issue before the Fair Work Commission was whether the agreement complied with the relevant legislative and regulatory framework. In particular, the Commission needed to determine whether the agreement met the requirements for "genuine agreement" and whether it contained the necessary minimum terms and conditions.

The Fair Work Commission found that the agreement met the "genuine agreement" test, as it was not made under duress or as a result of a threat. The Commission noted that the agreement had been negotiated in good faith and that the parties had reached a consensus on the terms and conditions. Furthermore, the Commission found that the agreement contained the necessary minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement was fair and reasonable, and that it did not undermine the protection afforded by the National Employment Standards.

As a result, the Fair Work Commission approved the PGH Bricks and Pavers SA Golden Grove Maintenance Employees Enterprise Agreement 2018. The Commission found that the agreement was in the best interests of the employees and that it provided a fair and reasonable outcome for all parties involved. The agreement will now be registered with the Fair Work Commission, and will become legally binding on the parties from the date of registration.

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