DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Austral Brick Company Pty Ltd T/A Austral Bricks Queensland
(AG2016/1513)

AUSTRAL BRICK QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Austral Brick Queensland Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Austral Brick Queensland Maintenance Enterprise Agreement 2016 (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 Queensland. 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 Agreement was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 28 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case involved the Austral Brick Company Pty Ltd, trading as Austral Bricks Queensland, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the application for the approval of the Austral Brick Queensland Maintenance Enterprise Agreement 2016. The matter was heard by the Full Bench of the Commission, which included Deputy President J. J. Richardson, Member R. D. G. Johnson, and Member A. J. M. Wilson.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the compliance of the agreement with the "better off overall test". The Commission had to assess whether the agreement provided employees with conditions that were at least as good as those provided by the relevant awards or other applicable agreements.

The Full Bench concluded that the agreement was properly negotiated and met the statutory criteria for approval. The Commission found that the agreement provided employees with a fair and reasonable set of conditions, ensuring they were not worse off than under the relevant awards. The Commission was satisfied that the negotiation process was fair and that the agreement complied with the better off overall test. Therefore, the court approved the agreement, highlighting the importance of maintaining fair and equitable employment conditions.

The final order was that the Austral Brick Queensland Maintenance Enterprise Agreement 2016 was approved in accordance with the Fair Work Act 2009. The agreement was set to take effect from the date of the decision and would apply to all employees covered by the agreement. The decision was made to ensure that the terms and conditions provided for in the agreement were fair and provided a satisfactory outcome for both the employer and the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established