DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Ltd T/A PGH Bricks & Pavers
(AG2016/6742)

PGH BRICKS & PAVERS – HORSLEY PARK PRODUCTION ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2016

Application for approval of the PGH Bricks & Pavers - Horsley Park Production Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers - Horsley Park Production 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 Pty Ltd T/A PGH Bricks & Pavers. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 5 December 2016 and, in accordance with s.54, will operate from 12 December 2016. The nominal expiry date of the Agreement is 8 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bricks Australia Services Pty Ltd, trading as PGH Bricks & Pavers, applied to the Fair Work Commission for approval of the PGH Bricks & Pavers - Horsley Park Production Enterprise Agreement 2016. The application arose from negotiations between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically whether they complied with the relevant legislative and regulatory framework governing enterprise agreements.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including provisions regarding procedural fairness, coverage of the agreement, and the terms and conditions it contained. The Commission had to determine if the agreement was fairly negotiated and if it provided for the proper protection of employees' rights and interests. Additionally, the Commission considered whether the agreement adequately addressed the needs of both the employer and employees, ensuring a balance between the two parties' interests.

In its decision, the Commission examined the evidence presented by both parties and assessed the procedural fairness of the negotiation process. The Commission found that the agreement was fairly negotiated, met the statutory requirements, and provided for the proper protection of the employees' rights and interests. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, considering the specific circumstances of the workplace. The Commission approved the PGH Bricks & Pavers - Horsley Park Production Enterprise Agreement 2016, noting that it provided a fair and balanced outcome for both the employer and employees.

The Fair Work Commission approved the PGH Bricks & Pavers - Horsley Park Production Enterprise Agreement 2016, effective from 1 April 2016. The Commission's decision highlighted the importance of ensuring that enterprise agreements are fairly negotiated and provide proper protection for employees' rights and interests. Additionally, the Commission emphasised the need for a balanced approach in addressing the needs of both employers and employees in the context of workplace agreements.

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