Bricks Australia Services Pty Ltd T/A PGH Bricks And Pavers

[2022] FWCA 3308

[2022] FWCA 3308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bricks Australia Services Pty Ltd T/A PGH Bricks And Pavers

(AG2022/3865)

2022 PGH Cecil Park Mechanical Maintenance Enterprise Agreement

Manufacturing and associated industries
COMMISSIONER O’NEILL	MELBOURNE, 21 SEPTEMBER 2022

Application for approval of the 2022 PGH Cecil Park Mechanical Maintenance Enterprise Agreement

1. Bricks Australia Services Pty Ltd has applied for approval of an enterprise agreement known as the 2022 PGH Cecil Park Mechanical Maintenance Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Construction, Forestry, Maritime, Mining and Energy 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.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 16 – Notice of Termination by Employee;

·   Clause 17(b) – Leave Allowed Before Due Date;

·   Clause 18(b) – Notification of personal/carer’s leave; and

·   Clause 23(a) – Substitution of Public Holidays by Agreement at the Enterprise.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 29 July 2023.

COMMISSIONER

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