DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2015/6412)

ADBRI MASONRY (NEWCASTLE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the Adbri Masonry (Newcastle) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry (Newcastle) Enterprise Agreement 2015 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the Australian Building and Construction Commission (ABCC) for approval of the Adbri Masonry (Newcastle) Enterprise Agreement 2015. The matter was heard in the Federal Court of Australia, presided over by Justice Edelman. The primary concern was whether the enterprise agreement, which was intended to cover a number of employees working for Adbri Masonry in Newcastle, complied with the necessary legal standards and could be approved for implementation.

The court needed to determine several key legal issues. Foremost was whether the enterprise agreement adhered to the provisions of the Fair Work Act 2009. This involved examining the agreement's compliance with the requirements for employee representation, the process of bargaining, and the substantive terms of the agreement. Additionally, the court considered whether the agreement met the criteria for being a "single interest" agreement, as defined in the legislation.

Justice Edelman found that the enterprise agreement met all the necessary legal standards for approval. The court concluded that the agreement was the product of genuine bargaining and was made in good faith. The substantive terms of the agreement were also found to be fair and reasonable. The court emphasised the importance of the negotiation process and the evidence provided, which demonstrated that the agreement was the result of proper bargaining. Consequently, the application for approval of the enterprise agreement was successful, and the agreement was approved for implementation.

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