DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NeoWest Brickies Pty Ltd
(AG2019/76)

NEOWEST BRICKIES PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 MAY 2019

Application for approval of the Neowest Brickies Pty Ltd Enterprise Agreement 2019-2023.

[1] NeoWest Brickies Pty Ltd has made an application for approval of an enterprise agreement known as Neowest Brickies Pty Ltd Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and accompanying statutory declaration, 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 Agreement was approved on 22 May 2019 and, in accordance with s 54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 22 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NeoWest Brickies Pty Ltd, a company engaged in bricklaying services, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) were the parties before the Fair Work Commission in this case. The dispute pertained to the approval of the Neowest Brickies Pty Ltd Enterprise Agreement 2019-2023, which the company sought to have approved by the Commission. The legal issues that the Commission was required to decide included whether the agreement met the requirements of section 231 of the Fair Work Act 2009 (Cth) for approval and whether the agreement was made in good faith and without coercion.

The Commission determined that the agreement was made in good faith and without coercion, as required by section 232 of the Fair Work Act 2009 (Cth). The Commission found that the agreement provided for a fair and reasonable outcome for both parties, with appropriate consideration of the economic and social circumstances of the parties. The Commission also found that the agreement met the requirements of section 231 of the Fair Work Act 2009 (Cth) for approval, including the requirement that the agreement provide for a safety net of minimum terms and conditions of employment. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009 (Cth).

The final orders of the Commission included the approval of the Neowest Brickies Pty Ltd Enterprise Agreement 2019-2023, subject to the modifications made by the Commission. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the Commission's decision. The Commission further ordered that any disputes arising from the agreement would be resolved through the dispute resolution processes set out in the agreement, or through the Fair Work Commission if necessary. Overall, the Commission's decision provided clarity and certainty for both parties, ensuring that the agreement would provide for a fair and reasonable outcome for all employees covered by the agreement.

NeoWest Brickies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established