DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2018/1952)

ADBRI MASONRY PTY LTD BENDIGO ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 SEPTEMBER 2018

Application for approval of the Adbri Masonry Pty Ltd Bendigo Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd Bendigo Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adbri 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 September 2018 and, in accordance with s.54, will operate from 28 September 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adbri Masonry Pty Ltd sought approval of the Bendigo Enterprise Agreement 2017 from the Fair Work Commission (FWC). The application was opposed by the Building and Construction Trades Union (BCT) and the National Trades Union Congress. The dispute centred around whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act 2009.

The central legal issues were whether the agreement complied with the Act and its regulations, and whether it was made in good faith and covered the necessary criteria. Specifically, the parties debated whether the agreement met the requirements for a "single-employer" agreement and if it provided for the requisite minimum terms and conditions.

The Commission found that the agreement was made in good faith and contained the necessary minimum terms. It satisfied the definition of a single-employer agreement as it was between one employer and employees working for that employer in a single enterprise. The Commission also concluded that the agreement covered all required terms, including those related to pay, classification, and other employment conditions. The Commission approved the agreement, finding it met the necessary statutory requirements.

The Commission issued an order approving the Bendigo Enterprise Agreement 2017, effective from the date of the decision. The agreement was deemed to be a lawful and valid enterprise agreement under the Fair Work Act 2009.

Adbri 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