DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2017/5076)

ADBRI MASONRY MELBOURNE WORKSHOP ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Adbri Masonry Melbourne Workshop Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Melbourne Workshop 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider an application for approval of the Adbri Masonry Melbourne Workshop Enterprise Agreement 2017. The applicant, Adbri Masonry Pty Ltd, sought approval for the agreement, which was entered into between the company and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The FWC had to determine if the agreement met the criteria for good faith bargaining, whether it included the necessary provisions, and if it adhered to the relevant provisions of the National Employment Standards (NES).

The central legal issues were whether the agreement was the product of genuine bargaining, if it contained all the mandatory terms and conditions, and if it provided employees with at least the minimum entitlements set out in the NES. The AMWU argued that the agreement did not meet the requirements of the Act, claiming that the bargaining process was not genuine and that the agreement did not contain all the necessary provisions. Adbri Masonry, on the other hand, maintained that the agreement was the result of good faith negotiations and that it complied with all the relevant provisions of the Act.

The FWC found that the agreement was indeed the product of genuine bargaining and that it contained all the mandatory terms and conditions required by the Act. The FWC noted that the bargaining process had been conducted in good faith and that the agreement provided employees with all the minimum entitlements set out in the NES. The FWC also found that the agreement met all the other requirements of the Act and approved the application for the agreement's registration. The FWC's decision was based on a detailed analysis of the bargaining process, the contents of the agreement, and the provisions of the Act.

The FWC approved the application for the registration of the Adbri Masonry Melbourne Workshop Enterprise Agreement 2017. The decision confirmed that the agreement was the result of genuine bargaining, contained all the mandatory terms and conditions, and provided employees with at least the minimum entitlements set out in the NES. The FWC's approval of the agreement ensures that it will be legally binding on both parties and will provide a framework for the employment relationship between Adbri Masonry and its employees.

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