DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2015/4558)

ADBRI MASONRY (MOOREBANK) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2015

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved Adbri Masonry Pty Ltd, which sought approval for the Adbri Masonry (Moorebank) Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet the necessary standards and protections set out in the Fair Work Act 2009. The primary dispute centred around whether the agreement adhered to the procedural and substantive requirements of the legislation.

The court was required to decide if the agreement met the procedural requirements set out in the Fair Work Act, including the appropriate consultation process with employees and whether there was sufficient coverage of the bargaining process. Additionally, the court had to determine if the substantive provisions of the agreement complied with the minimum standards outlined in the Fair Work Act, ensuring fair remuneration, working conditions, and dispute resolution mechanisms.

The Fair Work Commission found that the application met the procedural requirements, confirming that Adbri Masonry Pty Ltd had appropriately consulted with the employees and ensured that the agreement was made in good faith. Regarding the substantive provisions, the court assessed each clause of the agreement against the minimum standards stipulated by the Fair Work Act. The court concluded that the agreement provided fair terms and conditions for the employees, including adequate pay, reasonable working hours, and effective dispute resolution processes. Consequently, the court approved the Adbri Masonry (Moorebank) Enterprise Agreement 2015.

The Fair Work Commission's decision was to approve the application for the Adbri Masonry (Moorebank) Enterprise Agreement 2015, subject to the specific terms and conditions set out in the agreement. The court's ruling was based on the findings that the procedural requirements were met and that the substantive provisions of the agreement met the minimum standards required by the Fair Work Act.

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