DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2015/4969)

ADBRI MASONRY PTY LTD & THE AUSTRALIAN WORKERS UNION OF EMPLOYEES QUEENSLAND STAPYLTON SITE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Adbri Masonry Pty Ltd & The Australian Workers Union of Employees Queensland Stapylton Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd & The Australian Workers Union of Employees Queensland Stapylton Site 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 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 was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 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

Adbri Masonry Pty Ltd, along with the Australian Workers Union of Employees Queensland, applied for the approval of the Adbri Masonry Pty Ltd & The Australian Workers Union of Employees Queensland Stapylton Site Enterprise Agreement 2015. The application was lodged with the Fair Work Commission. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on provisions relating to employee entitlements, wages, and working conditions.

The court was tasked with determining if the agreement provided genuine protections and benefits for employees, ensured no unfair dismissal, and that it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The key issue was whether the terms of the agreement were fair and reasonable in all respects.

The Fair Work Commission, after reviewing the agreement, found that it did provide genuine protections and benefits to employees, ensured no unfair dismissal, and was made in good faith and without coercion. The Commission also determined that the agreement complied with the Fair Work Act and the Fair Work Regulations. Therefore, the court approved the enterprise agreement, recognising it as fair and reasonable in all respects. This approval ensures that the agreement can be implemented as a binding contract between the parties involved.

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