| [2025] FWCA 2129 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Csr Building Products Limited Trading AS Pgh Bricks And Pavers
(AG2025/1877)
2025 OXLEY PGH BRICKS ENTERPRISE AGREEMENT
| Manufacturing and associated industries | |
| COMMISSIONER MATHESON | SYDNEY, 22 JULY 2025 |
Application for approval of the 2025 Oxley PGH Bricks Enterprise Agreement
An application has been made for approval of an enterprise agreement known as the 2025 Oxley PGH Bricks Enterprise Agreement (Agreement). The application was made by Csr Building Products Limited Trading AS Pgh Bricks And Pavers (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Construction, Forestry and Maritime Employees Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2025. The nominal expiry date of the Agreement is 20 May 2029.
COMMISSIONER
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Annexure A
- AGLC
- Csr Building Products Limited Trading AS Pgh Bricks And Pavers [2025] FWCA 2129
- Case
- [2025] FWCA 2129
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the agreement provided for the appropriate terms and conditions of employment, whether it was made in accordance with the relevant legislation, and whether it was in the best interests of the employees. The Commission noted that the agreement provided for a range of terms and conditions, including pay rates, hours of work, and leave entitlements. The Commission also noted that the agreement was made in accordance with the relevant legislation and that it was in the best interests of the employees. The Commission found that the agreement provided for appropriate terms and conditions of employment and approved the agreement.
The Commission's reasoning was based on its consideration of the evidence presented by both parties, including the submissions made by the AMWU. The Commission found that the agreement provided for appropriate pay and conditions for the employees and that it was in their best interests. The Commission also noted that the agreement was made in accordance with the relevant legislation and that it was not contrary to any relevant public policy considerations. The Commission approved the agreement, and it will now be binding on all employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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