DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Austral Brick Company Pty Ltd T/A Austral Bricks NSW
(AG2019/1559)

AUSTRAL BRICKS PUNCHBOWL ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 27 MAY 2019

Application for approval of the Austral Bricks Punchbowl Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks Punchbowl Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Austral Brick Company Pty Ltd T/A Austral Bricks NSW. 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[4] The Agreement was approved on 27 May 2019 and, in accordance with s.54, will operate from 3 June 2019. The nominal expiry date of the Agreement is 3 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Austral Brick Company Pty Ltd, trading as Austral Bricks NSW, applied for the approval of the Austral Bricks Punchbowl Enterprise Agreement 2019 under the Fair Work Act 2009. The dispute was brought before the Fair Work Commission, which is tasked with the resolution of workplace disputes in Australia. The application sought the Commission's approval of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the workers within the Punchbowl enterprise.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for minimum terms and conditions that were not less favourable than the applicable national workplace determination or registered agreement. The Commission also needed to determine whether the agreement had been made in accordance with the procedural requirements outlined in the Act, including whether it had been made without the influence of any improper conduct and whether the process had allowed for sufficient employee representation and consultation.

In reaching its decision, the Fair Work Commission considered various aspects of the agreement, including its compliance with the legislative standards and the fairness of the bargaining process. The Commission found that the Austral Bricks Punchbowl Enterprise Agreement 2019 satisfied the necessary criteria for approval. It was determined that the agreement provided for terms and conditions that were not less favourable than the relevant national workplace determination and that the agreement had been made following a process that met the procedural requirements of the Act. The Commission was satisfied that the agreement had been made without any improper influence and that there was adequate employee representation and consultation during the bargaining process.

Following this determination, the Fair Work Commission approved the Austral Bricks Punchbowl Enterprise Agreement 2019, setting out the specific terms and conditions that would govern the employment of workers at the Punchbowl enterprise. This decision is significant as it establishes the framework for the employment relationship within this particular enterprise, ensuring that the workers are protected by terms that meet or exceed the minimum standards set out in the Fair Work Act 2009.

The Austral Brick Company Pty Ltd T/A Austral Bricks NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established