DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Austral Brick Company Pty Ltd t/a Austral Bricks NSW
(AG2015/5345)

AUSTRAL BRICKS PUNCHBOWL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Austral Bricks Punchbowl Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Austral Bricks Punchbowl Enterprise Agreement 2015 (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. 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] The Construction, Forestry, Mining and Energy 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.

[4] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 4 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Austral Brick Company Pty Ltd t/a Austral Bricks NSW sought approval for the Austral Bricks Punchbowl Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement contained all the required terms as outlined in the Act and whether it was fair and reasonable in all its aspects.

The Commission examined the agreement to ensure it included the mandatory terms such as minimum wages, penalty rates, and standard and maximum hours of work, as well as any other terms prescribed by the regulations. Additionally, the Commission assessed whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment. The fairness of the agreement was evaluated based on the nature of the enterprise, the bargaining positions of the parties, and the overall economic circumstances.

After thorough consideration, the Fair Work Commission found that the Austral Bricks Punchbowl Enterprise Agreement 2015 contained all the required terms and was fair and reasonable in all its aspects. The Commission approved the agreement, emphasising the balance achieved in the terms between the needs of the employer and the rights of the employees.

The Fair Work Commission approved the Austral Bricks Punchbowl Enterprise Agreement 2015, recognising it as meeting the legal requirements and being fair and reasonable for the parties involved.

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