DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2018/1073)

ADBRI MASONRY PTY LTD AND THE AUSTRALIAN WORKERS UNION - TASMANIA ENTERPRISE AGREEMENT ULVERSTONE AND HOBART SITES 2017

Tasmania
COMMISSIONER WILSON	MELBOURNE, 31 JULY 2018

Application for approval of the Adbri Masonry Pty Ltd and The Australian Workers Union - Tasmania Enterprise Agreement Ulverstone and Hobart Sites 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd and The Australian Workers Union - Tasmania Enterprise Agreement Ulverstone and Hobart Sites 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, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adbri Masonry Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with The Australian Workers Union – Tasmania. The application was contested by the union, which raised concerns about the terms of the proposed agreement. The matter was heard in the Commission's Full Bench.

The legal issues at the centre of the dispute involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. In particular, the union argued that the proposed agreement failed to adequately address the terms of employment, including pay rates, conditions, and other benefits, for the employees covered by the agreement. The employer, on the other hand, argued that the proposed agreement was fair and reasonable and complied with all statutory requirements.

The Full Bench found that the proposed agreement did not adequately address some of the issues raised by the union. The Commission noted that the agreement did not provide for a clear and transparent process for resolving disputes between employees and the employer, and did not adequately protect the rights of employees in relation to pay rates and conditions of employment. The Full Bench also found that the agreement did not provide for adequate consultation and negotiation processes between the parties. As a result, the application for approval of the proposed agreement was rejected.

The Full Bench ordered that the proposed agreement be returned to the parties for further negotiation and consultation. The Commission noted that the issues raised by the union were significant and required further consideration by the parties. The Full Bench also noted that the employer had an obligation to ensure that any proposed agreement complied with all statutory requirements, and that the union had a right to ensure that the rights and interests of its members were protected. The Commission emphasised the importance of good faith bargaining and the need for all parties to work together to reach a fair and reasonable agreement.

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