DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Ltd T/A PGH Bricks and Pavers
(AG2016/4195)

CECIL PARK ENTERPRISE AGREEMENT 2016-2019 MECHANICAL MAINTENANCE

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the CECIL PARK ENTERPRISE AGREEMENT 2016-2019 MECHANICAL MAINTENANCE.

[1] An application has been made for approval of an enterprise agreement known as the CECIL PARK ENTEPRISE AGREEMENT 2016-2019 MECHANICAL MAINTENANCE (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 Ltd T/A PGH Bricks and Pavers. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2016. The nominal expiry date of the Agreement is 16 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Bricks Australia Services Pty Ltd trading as PGH Bricks and Pavers, the Fair Work Commission was presented with an application for the approval of the Cecil Park Enterprise Agreement 2016-2019 for Mechanical Maintenance employees. The applicant, Bricks Australia, sought approval for the agreement, which it had negotiated with the Australian Manufacturing Workers' Union. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the 'better off overall test' as stipulated by the Fair Work Act, ensuring that no employee would be worse off financially as a result of the agreement, and that at least one employee would be better off. Additionally, the Commission had to assess whether the agreement was free from any provisions that could undermine the fundamental rights of employees or contravene any other provisions of the Act.

The Fair Work Commission evaluated the terms and conditions of the proposed agreement, taking into account various factors such as wage rates, penalty rates, allowances, and other employment conditions. The Commission found that the agreement did not disadvantage any employee and that it contained provisions that were fair and reasonable. The agreement was deemed to meet the 'better off overall test', as it provided for improved conditions and protections for the employees involved. The Commission approved the agreement, confirming its compliance with the requirements of the Fair Work Act.

The final orders of the Fair Work Commission were that the Cecil Park Enterprise Agreement 2016-2019 for Mechanical Maintenance employees be approved, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, subject to the provisions of the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established