Application by Austral Bricks (Wa) Pty Ltd
Citation: [2026] FWCA 1873
At a glance
- Employees affected
- 2
What happened
Austral Bricks (WA) Pty Ltd applied to terminate its 'Austral Bricks WA (Clay/Brick Cartage) Agreement 2023'. The agreement covers two employees, with no union involvement. Meetings were held with the affected employees on February 13 and 16, 2026, providing a comparison between the agreement and the Road Transport and Distribution Award. A ballot was conducted from April 22 to 30, 2026, where both employees unanimously voted in favour of termination.
What was decided
The Fair Work Commission approved the application to terminate the 'Austral Bricks WA (Clay/Brick Cartage) Agreement 2023'. The Commissioner was satisfied that Austral Bricks complied with legal requirements regarding employee consultation and voting. Both affected employees voted in favour of termination, and there were no reasonable grounds to believe they did not agree. The termination will take effect from July 17, 2026.
What it means for employers
Employers seeking to terminate enterprise agreements must ensure they provide the Applicant with a reasonable opportunity to consider the implications, including providing comparisons with relevant awards and allowing access to independent advice. A clear process for voting is also essential.
What it means for employees
The Applicant should be informed about any proposed changes to their employment conditions through an enterprise agreement and given opportunities to seek information or advice before participating in a vote on termination.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →