DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Abdri Masonry Pty Ltd
(AG2018/2560)

ADBRI MASONRY SA ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 OCTOBER 2018

Application for approval of the Adbri Masonry SA Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry SA 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, 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 lodged contained an error at 23.1, and 23.4. On 10 October 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. 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

In the Fair Work Commission, the applicant, Adbri Masonry Pty Ltd, sought approval for the Adbri Masonry SA Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for the workers represented by the Australian Manufacturing Workers Union, who were employed by Adbri Masonry Pty Ltd in South Australia. The central issue before the court was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and reasonable terms for the employees, complied with the statutory minimum standards, and was made in good faith.

The court examined the various provisions of the agreement, including wages, working hours, leave entitlements, and other employment conditions. It also considered the process by which the agreement was negotiated and the evidence of good faith bargaining. The court assessed whether the agreement provided for terms and conditions that were at least as good as, or better than, the relevant statutory minimum standards. In reaching its decision, the court weighed the submissions from both the applicant and the union, along with any other relevant evidence.

After careful consideration, the court found that the agreement met the necessary criteria for approval. The terms of the agreement were deemed fair and reasonable, and it complied with the statutory minimum standards. The court was satisfied that the agreement was made in good faith and that the negotiation process was transparent and fair. Consequently, the court approved the Adbri Masonry SA Enterprise Agreement 2018. The final orders confirmed the approval of the agreement, which would now apply to the employees of Adbri Masonry Pty Ltd in South Australia.

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