DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abdri Masonry Pty Ltd
(AG2018/3650)

ADBRI MASONRY (NEWCASTLE) ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JANUARY 2019

Application for approval of the Adbri Masonry (Newcastle) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry (Newcastle) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Abdri Masonry Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 15 January 2019 and, in accordance with s.54, will operate from 22 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in the Federal Circuit Court involved Adbri Masonry Pty Ltd, an employer, and the Australian Manufacturing Workers Union, a union representing employees. The dispute centred on the application for approval of the Adbri Masonry (Newcastle) Enterprise Agreement 2018, which was submitted to the Fair Work Commission. The application was contested by the union, leading to the court's involvement in determining the validity and fairness of the agreement.

The primary legal issue the court had to address was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to ascertain if the agreement contained terms that were fair and reasonable, and if it had been genuinely agreed upon by the parties involved. The union argued that certain provisions of the agreement were not fair and reasonable, particularly those relating to pay rates and conditions for certain employees.

The court found that the enterprise agreement was indeed fair and reasonable, and had been genuinely agreed upon by the parties. The decision was based on the court's assessment of the evidence presented and the legal framework provided by the Fair Work Act. The court held that the agreement did not contain any unfair terms and was in line with the principles of the Act. Consequently, the application for approval was successful, and the agreement was approved by the court.

The final orders of the court included the approval of the Adbri Masonry (Newcastle) Enterprise Agreement 2018, and the dismissal of the union's application contesting the approval. The court's decision was based on the conclusion that the agreement met the necessary legal criteria and was in the best interests of both the employer and the employees.

Abdri Masonry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established