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

[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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bricks Australia Services Pty Ltd trading as PGH Bricks and Pavers, sought approval of the 2022 PGH Cecil Park Mechanical Maintenance Enterprise Agreement. The application was heard in the Fair Work Commission. The applicant argued that the agreement should be approved as it was made in good faith and represented a genuine attempt to resolve the terms of employment for the employees covered by the agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, who argued that the agreement was unfair and did not provide adequate protections for the employees.

The Commission considered whether the agreement was made in good faith and whether it provided fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement was an enterprise agreement and whether it was made in accordance with the relevant legislative provisions. The Commission found that the agreement was made in good faith and that it provided fair and reasonable terms and conditions of employment. The Commission also found that the agreement was an enterprise agreement and that it was made in accordance with the relevant legislative provisions.

The Commission approved the 2022 PGH Cecil Park Mechanical Maintenance Enterprise Agreement. The Commission found that the agreement provided for appropriate mechanisms for the resolution of disputes and that it provided adequate protections for the employees covered by the agreement. The Commission also found that the agreement was in the best interests of the employees and that it should be approved. The Commission made an order approving the 2022 PGH Cecil Park Mechanical Maintenance Enterprise Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established