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 Ltd
(AG2020/2282)

2020 PGH CECIL PARK MECHANICAL MAINTENANCE ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 14 SEPTEMBER 2020

Application for approval of the 2020 PGH Cecil Park Mechanical Maintenance Enterprise Agreement.

[1] An application has been made for the approval of an enterprise agreement known as the 2020 PGH Cecil Park Mechanical Maintenance Enterprise Agreement (‘the Agreement’). The application was made by Bricks Australia Services Pty Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Construction Forestry Maritime Mining and Energy Union (“the CFMEU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 17 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bricks Australia Services Pty Limited, trading as PGH Bricks & Pavers Pty Ltd, sought approval for the 2020 PGH Cecil Park Mechanical Maintenance Enterprise Agreement. The application was made in the Fair Work Commission. The primary dispute centred around whether the agreement complied with the relevant legislative requirements for enterprise agreements, specifically under the Fair Work Act 2009. The Commission had to determine if the agreement was made in good faith and if it met the necessary procedural fairness standards.

The legal issues before the Commission were whether the agreement was genuinely negotiated and if the proper procedures were followed in its formation. Furthermore, the Commission examined whether the agreement's terms were fair and reasonable. The parties debated whether the agreement met the standards for good faith bargaining and if the agreement was appropriately negotiated with the relevant employee representatives. The Commission also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement was made in good faith and that the necessary procedures for its formation were followed. The Commission concluded that the agreement was fair and reasonable, taking into account the evidence and submissions from both parties. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009 and approved the 2020 PGH Cecil Park Mechanical Maintenance Enterprise Agreement. The Commission's decision was based on the evidence presented and the Commission's assessment of the agreement's compliance with the relevant legislative framework.

Bricks Australia Services Pty Limited T/A PGH Bricks & Pavers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established