DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited
(AG2020/2267)

PGH BRICKS & PAVERS CECIL PARK OPERATORS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 26 AUGUST 2020

Application for approval of the PGH Bricks & Pavers Cecil Park Operators Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers Cecil Park Operators Enterprise Agreement 2020(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 Employer). The Agreement is a single enterprise agreement.

[2] A number of matters were identified and responses and undertakings sought from the Employer. These undertakings were provided. The views of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) (being a bargaining representative for the Agreement) were sought regarding the undertakings. The CFMMEU confirmed in writing that they not object to the undertakings.

[3] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the Employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A, to this Decision.

[5] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2020. The nominal expiry date of the Agreement is 29 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Limited was the applicant in the Fair Work Commission, seeking approval for the PGH Bricks & Pavers Cecil Park Operators Enterprise Agreement 2020. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other conditions that met the requirements of the Fair Work Act 2009. The application was contested by a number of unions, who argued that the proposed agreement did not provide for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed to by the parties. The Commission had to consider the evidence and submissions from both the applicant and the unions in making its decision.

After considering the evidence and submissions, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other conditions. The Commission also found that the agreement had been genuinely agreed to by the parties. The Commission approved the PGH Bricks & Pavers Cecil Park Operators Enterprise Agreement 2020, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the provisions for shift rotations. The applicant was required to implement the modifications within a specified timeframe.

In summary, the Fair Work Commission approved the PGH Bricks & Pavers Cecil Park Operators Enterprise Agreement 2020, subject to certain modifications. The Commission found that the proposed agreement met the requirements of the Fair Work Act, including providing for fair and reasonable terms and conditions of employment, and that it had been genuinely agreed to by the parties. The modifications required the applicant to adjust the calculation of penalty rates and the provisions for shift rotations to ensure compliance with the Fair Work Act.

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