//
austlii:cth/FWCA/2025/2129
General information, not legal advice.
FWCA
2025-07-22
Original judgment source is linked above.
s.185 - Enterprise agreement
Csr Building Products Limited Trading AS Pgh Bricks And Pavers
Application for approval of the 2025 Oxley PGH Bricks Enterprise Agreement
[1] An application has been made for approval of an enterprise agreement known as the 2025 Oxley PGH Bricks Enterprise Agreement (Agreement). The application was made by Csr Building Products Limited Trading AS Pgh Bricks And Pavers (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[3] The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[4] Pursuant to s.190(3) of the Act, I accept the Undertakings.
[5] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
[6] The Construction, Forestry and Maritime Employees Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2025. The nominal expiry date of the Agreement is 20 May 2029.
Printed by authority of the Commonwealth Government Printer