DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bricks Australia Services T/A PGH Bricks & Pavers
(AG2016/1583)

PGH BRICKS AND PAVERS SA GOLDEN GROVE PLANT PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the PGH Bricks and Pavers SA Golden Grove Plant Production Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PGH Bricks and Pavers SA Golden Grove Plant Production Employees 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 & 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ 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 was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 10 April 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bricks Australia Services T/A PGH Bricks & Pavers applied to the Fair Work Commission for approval of the PGH Bricks and Pavers SA Golden Grove Plant Production Employees Enterprise Agreement 2016. The respondents, who included various unions and individual employees, opposed the application on the basis that the proposed agreement did not meet certain statutory requirements. The central issues before the Commission involved whether the agreement complied with the Fair Work Act 2009 in terms of its coverage, notice provisions, and procedural fairness in its creation.

The Commission commenced by examining the coverage of the proposed agreement, ensuring it appropriately identified the bargaining units and the employees it covered. It then assessed the agreement against the notice requirements under the Fair Work Act, determining if the necessary procedural steps were followed. Finally, the Commission looked into the process by which the agreement was formed, verifying if the parties had genuinely negotiated and if the employees were given a reasonable opportunity to participate in the agreement's creation. After reviewing the evidence and arguments presented by both parties, the Commission concluded that the agreement satisfied all legal requirements and approved it accordingly.

The Commission found that the agreement correctly identified the bargaining units and employees, met all notice requirements, and was formed through a genuine negotiation process. It held that the employees were adequately informed and had an opportunity to participate. The application was thus approved, and the agreement was registered as a registered agreement under the Fair Work Act. The decision stands as a binding resolution on the parties involved, ensuring that the agreement operates effectively within the legal framework provided by the Fair Work Act.

Bricks Australia Services 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