Bricks Australia Services Pty Ltd T/A PGH Bricks and Pavers Summary

[2022] FWCA 2905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3450)

2022 PGH Cecil Park Electrical Maintenance Enterprise Agreement

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 24 AUGUST 2022

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

Bricks Australia Services Pty Ltd T/A PGH Bricks and Pavers has applied for approval of a single enterprise agreement known as the 2022 PGH Cecil Park Electrical Maintenance Enterprise Agreement (the Agreement).

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.

The Agreement is approved and will operate from 31 August 2022. The nominal expiry date of the Agreement is 16 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Bricks Australia Services Pty Ltd, trading as PGH Bricks and Pavers, an application was made to the Fair Work Commission for approval of the 2022 PGH Cecil Park Electrical Maintenance Enterprise Agreement. The parties involved were the applicant, representing the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and the requirement for the agreement to be approved by the Fair Work Commission under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, protected employees from adverse action, and allowed for a fair and efficient method of resolving disputes. Additionally, the court needed to consider whether the agreement had been fairly negotiated and whether it met the criteria for being made a registered agreement.

The Fair Work Commission, in considering the application, noted that the proposed agreement provided for a safety net of minimum wages and conditions and protected employees from adverse action. It found that the agreement had been fairly negotiated and contained provisions that met the criteria for being made a registered agreement. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the 2022 PGH Cecil Park Electrical Maintenance Enterprise Agreement to be registered.

As a result of the approval, the 2022 PGH Cecil Park Electrical Maintenance Enterprise Agreement will now be a legally binding document governing the employment conditions of the employees covered by the agreement. The agreement will provide for a minimum safety net of wages and conditions, protect employees from adverse action, and establish a fair and efficient method for resolving disputes. The terms of the agreement will be in effect until the next scheduled review or until otherwise terminated in accordance with the provisions of the agreement or the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established