DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Ltd T/A PGH Bricks & Pavers
(AG2021/6054)

2021 SCHOFIELDS PGH BRICKS ENTERPRISE AGREEMENT.

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 4 AUGUST 2021

Application for approval of the 2021 Schofields PGH Bricks Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2021 Schofields PGH Bricks Enterprise Agreement. (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. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Maritime Mining and Energy Union (CFMMEU) 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 seven days from the date of this approval. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Court involved an application by Bricks Australia Services Pty Ltd, trading as PGH Bricks & Pavers, seeking approval of the 2021 Schofields PGH Bricks Enterprise Agreement. This enterprise agreement was to be registered under the Fair Work Act 2009. The application was made in the Federal Circuit and Family Court of Australia.

The primary legal issue the Court had to address was whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Court needed to determine if the agreement was made in good faith, if it provided for the modern award rates of pay and conditions, and if it complied with procedural requirements such as the provision of a copy to the Fair Work Commission. Furthermore, the Court considered if the agreement was fair and reasonable, taking into account the interests of employees and the broader community.

In its reasoning, the Court examined the evidence presented by the applicant and assessed whether the agreement met the statutory requirements. The Court noted that the agreement was made in good faith, as the applicant had engaged in genuine negotiations with the relevant trade union. The agreement also provided for modern award rates of pay and conditions, thereby meeting the criteria of the Act. The procedural requirements were satisfied, as the Fair Work Commission had been provided with a copy of the agreement. The Court concluded that the agreement was fair and reasonable, considering the interests of the employees and the broader community. Therefore, the Court approved the 2021 Schofields PGH Bricks Enterprise Agreement.

The Court made an order approving the 2021 Schofields PGH Bricks Enterprise Agreement, and it was to be registered under the Fair Work Act 2009. The applicant was directed to take all necessary steps to give effect to the terms of the approved agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established