Adbri Masonry Pty Ltd Summary

[2019] FWCA 2694

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Adbri Masonry Pty Ltd

(AG2019/1003)

Adbri Masonry (Nowra) Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 18 APRIL 2019

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

Adbri Masonry Pty Ltd has made an application for approval of an enterprise agreement known as the Adbri Masonry (Nowra) Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

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.

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.

The Agreement was approved on 18 April 2019 and, in accordance with s 54, will operate from 25 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503014 PR707205>
Annexure A

CaseChat Overview and Summary

Adbri Masonry Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Adbri Masonry (Nowra) Enterprise Agreement 2018. The applicant is a company involved in the construction industry, and the dispute concerns the proposed enterprise agreement, which seeks to regulate the terms and conditions of employment for its employees in Nowra, New South Wales. The Commission is the tribunal established under the Fair Work Act 2009 to approve enterprise agreements, and it must be satisfied that the agreement is procedurally and substantively valid.

The primary legal issue before the Commission was whether the enterprise agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to determine if the agreement was made in accordance with the relevant provisions of the Act, including whether the appropriate consultation and negotiation processes were followed. Substantively, the Commission needed to assess whether the agreement complied with the "better off overall test" and other statutory requirements, such as minimum wages and conditions.

The Commission found that the procedural requirements were met, as the agreement was the product of genuine and meaningful negotiations between the employer and the relevant trade union. The Commission noted that the employer had provided evidence of the consultation process, including the exchange of proposals and counter-proposals, and the union had confirmed that the agreement reflected the outcome of those negotiations. Regarding the substantive validity, the Commission determined that the agreement was "better off overall" for the employees, as it included various improvements to their terms and conditions of employment, such as wage increases and additional leave entitlements. The Commission concluded that the agreement met all the necessary statutory requirements and approved the Adbri Masonry (Nowra) Enterprise Agreement 2018.

Adbri Masonry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established