Adbri Masonry Pty Ltd

[2015] FWCA 5761

[2015] FWCA 5761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2015/4334)

ADBRI MASONRY PTY LTD AND THE AUSTRALIAN WORKERS UNION - TASMANIA ENTERPRISE AGREEMENT ULVERSTONE AND HOBART SITES 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 21 AUGUST 2015

Application for approval of the Adbri Masonry Pty Ltd and The Australian Workers Union - Tasmania Enterprise Agreement Ulverstone and Hobart Sites 2015.

[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 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 21 August 2015 and, in accordance with s.54, will operate from 28 August 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE415372  PR571034>

Annexure A