DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Austral Brick Company Pty Ltd
(AG2016/640)

THE AUSTRAL BRICK NSW TRANSPORT ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 4 MAY 2016

Application for approval of the The Austral Brick NSW Transport Enterprise Agreement 2016.

[1] An application has been made by The Austral Brick Company Pty Ltd (the applicant) for the approval of an enterprise agreement known as the The Austral Brick NSW Transport Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia (TWU) was an employee organisation involved in the agreement making process as a bargaining representative. The TWU has filed a statutory declaration (F18) stating that it supports the approval of the Agreement and wished to be covered by the Agreement.

[3] The Agreement covers truck drivers located at the Austral Brick Horsley Park facility. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

Better off overall test

[4] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are more beneficial than the Road Transport and Distribution Award 2010, being the relevant reference instruments for the purposes of the BOOT, including:

1. Higher base rates of pay with increases in rates of pay over the life of the agreement.

Conclusion

[5] Taking into account the higher rates of pay under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[6] The TWU has stated in its F18 that it wishes to be covered by the Agreement, in accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 11 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Austral Brick Company Pty Ltd sought approval for the The Austral Brick NSW Transport Enterprise Agreement 2016. This agreement, proposed between the company and the Transport Workers Union of Australia, aimed to regulate the terms and conditions of employment for the company's workers. The dispute centred on whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act, including whether it was genuinely bargained and covered all necessary terms. Additionally, the Commission examined whether the agreement met the "better off overall test," ensuring that employees would not be worse off financially by being covered under the agreement compared to their previous conditions.

The Commission found that the agreement was genuinely negotiated and contained all mandatory terms as required by the Fair Work Act. It also concluded that the agreement satisfied the better off overall test, as the overall benefits to employees outweighed any detriments. Therefore, the Commission approved the The Austral Brick NSW Transport Enterprise Agreement 2016, recognising it as a valid and compliant enterprise agreement under the Act.

The Commission's decision was communicated in a formal written order, granting approval for the The Austral Brick NSW Transport Enterprise Agreement 2016. The order detailed the specific findings and reasoning that led to the conclusion that the agreement met all legal requirements for approval. This decision provided clarity and finality to the parties involved, allowing them to move forward with the implementation of the new enterprise agreement.

The Austral Brick Company 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