DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Ltd T/A PGH Bricks and Pavers
(AG2016/4134)

PGH BRICKS & PAVERS - CECIL PARK OPERATIONS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the PGH Bricks & Pavers - Cecil Park Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers - Cecil Park Operations Enterprise Agreement 2016 (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 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 Construction, Forestry, 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.

[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

The Fair Work Commission was asked to decide whether to approve an enterprise agreement between Bricks Australia Services Pty Ltd and its employees. The applicants, Bricks Australia Services, sought to have the PGH Bricks & Pavers - Cecil Park Operations Enterprise Agreement 2016, which had been negotiated between the company and the employees, formally approved. The dispute centred on the agreement's compliance with the relevant legislative provisions, specifically the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely bargained between the parties, whether it complied with the 'better off overall test', and whether it contained any provisions that were contrary to the Fair Work Act or otherwise unfair. Additionally, the Commission had to determine if the agreement was made in good faith and if it met the requirements for 'simplified bargaining' under the Act. The Commission considered submissions from both parties, as well as evidence presented regarding the bargaining process and the terms of the agreement.

After reviewing the evidence, the Fair Work Commission found that the agreement was genuinely negotiated between the parties and met the requirements of the Act. The Commission determined that the agreement was fair and reasonable, and that the employees would be better off overall with the agreement in place. The Commission also found that the agreement was made in good faith and met the requirements for simplified bargaining. Based on these findings, the Commission approved the PGH Bricks & Pavers - Cecil Park Operations Enterprise Agreement 2016.

The Commission issued an order approving the enterprise agreement, which is now legally binding on both the company and its employees. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including pay rates, leave entitlements, and other employment-related matters. The approval of the agreement provides certainty and stability for both the company and its employees, and ensures that the terms of their employment are fair and reasonable.

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