Abdri Masonry Pty Ltd T/A Abdri Masonry Pty Ltd Summary

[2024] FWCA 3619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Abdri Masonry Pty Ltd T/A Abdri Masonry Pty Ltd

(AG2024/2619)

ADBRI MASONRY NOWRA ENTERPRISE AGREEMENT 2024

Cement and concrete products
DEPUTY PRESIDENT BELL	MELBOURNE, 17 OCTOBER 2024

Application for approval of the Adbri Masonry Nowra Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Adbri Masonry Nowra Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Abdri Masonry Pty Ltd T/A Abdri Masonry Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 23 April 2024 and the Agreement was made on 11 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union (CFMEU) 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.

The Agreement was approved on 17 October 2024 and, in accordance with s.54, will operate from 24 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Abdri Masonry Pty Ltd, trading as Adbri Masonry Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Adbri Masonry Nowra Enterprise Agreement 2024, which was filed in the Fair Work Commission. The agreement in question sought to establish the terms and conditions of employment for employees working in the Nowra branch of Adbri Masonry Pty Ltd.

The primary legal issue the court had to address was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the required provisions and was free from any prohibited content. The court also needed to consider whether the agreement was made in good faith and if it provided for a proper process for resolving disputes. Furthermore, the court had to ensure that the agreement did not adversely affect the employees' safety and health.

In reaching its decision, the court meticulously reviewed the proposed agreement, ensuring that it included all mandatory provisions such as minimum wages, penalties, and dispute resolution mechanisms. The court also assessed if the agreement adhered to the principles of good faith bargaining and examined whether any provisions could potentially compromise employees' safety. After thorough analysis, the court concluded that the agreement was compliant with the legislative requirements and did not contain any prohibited content. Consequently, the court approved the Adbri Masonry Nowra Enterprise Agreement 2024, recognising its alignment with the statutory framework and its capacity to fairly address the interests of both parties.

The final order of the court was to approve the Adbri Masonry Nowra Enterprise Agreement 2024, effective from the date of the decision. This approval signifies that the agreement can now be implemented as the binding contract between Adbri Masonry Pty Ltd and the employees covered by the agreement.

Abdri Masonry Pty Ltd T/A Abdri Masonry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established