DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2015/4629)

ADBRI MASONRY (NOWRA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry (Nowra) Enterprise Agreement (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. 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.

[3] The Construction, Forestry, Mining and Energy 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.

[4] The Agreement was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Adbri Masonry Pty Ltd applied for the Fair Work Commission's approval of the Adbri Masonry (Nowra) Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from disagreements over the terms of the proposed agreement and whether it complied with the relevant industrial relations legislation. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable process for resolving employee grievances, whether the agreement adequately protected employees' rights, and whether it complied with the statutory requirements for enterprise agreements. The Commission needed to ensure that the agreement was not contrary to public policy and that it provided for a safety net of minimum terms and conditions.

In its decision, the Commission considered the provisions of the proposed agreement and the submissions from both parties. It found that the agreement did provide for a fair and reasonable process for resolving employee grievances and that it adequately protected employees' rights. The Commission also determined that the agreement did not contravene public policy and met the statutory requirements for enterprise agreements. Therefore, the Commission approved the Adbri Masonry (Nowra) Enterprise Agreement 2015.

The Fair Work Commission approved the Adbri Masonry (Nowra) Enterprise Agreement 2015, finding that it provided for a fair and reasonable process for resolving employee grievances, adequately protected employees' rights, and met the statutory requirements for enterprise agreements. The Commission also found that the agreement did not contravene public policy.

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