DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services Pty Ltd T/A PGH Bricks & Pavers
(AG2016/4130)

PGH BRICKS & PAVERS - CECIL PARK ELECTRICAL MAINTENANCE ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the PGH Bricks & Pavers - Cecil Park Electrical Maintenance Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks & Pavers - Cecil Park Electrical Maintenance Enterprise Agreement 2016 - 2019 (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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 16 March 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 the approval of the PGH Bricks & Pavers – Cecil Park Electrical Maintenance Enterprise Agreement 2016 – 2019. The dispute centred around the procedural fairness of the agreement, particularly whether the company had adequately consulted with its employees before developing and implementing the agreement.

The primary legal issue before the court was whether the company had complied with the procedural requirements set out in the Fair Work Act 2009, particularly in relation to genuine consultation. The applicant argued that it had consulted with employees through various means, including meetings and the distribution of information, while the respondent claimed that the process was flawed and did not meet the necessary standards of procedural fairness.

The court examined the evidence presented regarding the consultation process. It considered the content and timing of the information distributed to employees, the nature of the meetings held, and the overall responsiveness of the company to employee feedback. After reviewing the evidence, the court found that the company had not adequately consulted with its employees, leading to a breach of the procedural fairness requirements. Consequently, the court refused to approve the agreement, emphasising the importance of genuine consultation in the enterprise bargaining process.

The court ordered that the application for approval of the enterprise agreement be dismissed. The company was instructed to review and improve its consultation processes to ensure compliance with the Fair Work Act in any future enterprise bargaining activities.

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