Adbri Masonry Pty Ltd

[2025] FWCA 397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adbri Masonry Pty Ltd

(AG2024/5204)

ADBRI MASONRY PTY LTD AND AUSTRALIAN WORKERS UNION OF EMPLOYEES STAPYLTON ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER DURHAM	BRISBANE, 31 JANUARY 2025

Application for approval of the Adbri Masonry Pty Ltd and Australian Workers Union of Employees Stapylton Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd and Australian Workers Union of Employees Stapylton Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

On 28 January 2025, the Applicant filed an undertaking as the agreement lodged contained a typographical error at Schedule 2. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 20 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adbri Masonry Pty Ltd, a company involved in the construction industry, and the Australian Workers Union of Employees, representing workers in the same industry, have applied for approval of their 2024 enterprise agreement. The application was heard by the Fair Work Commission, which is responsible for approving and registering enterprise agreements. The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements and whether it was made in good faith and not solely for the purpose of avoiding industrial action.

The Commission found that the agreement complied with the statutory requirements. It provided for minimum entitlements, such as rates of pay, penalty rates, and leave provisions, and was made in good faith. The Commission noted that the agreement had been negotiated over an extended period, with both parties engaging in a genuine process of give and take. The Commission was satisfied that the agreement was not made solely to avoid industrial action and that it was in the best interests of the employees. The application was therefore approved, and the agreement was registered with the Commission.

The Fair Work Commission approved the application for the registration of the Adbri Masonry Pty Ltd and Australian Workers Union of Employees Stapylton Enterprise Agreement 2024. The agreement was found to meet all statutory requirements under the Fair Work Act 2009 and was approved for registration. The decision ensures that the terms and conditions of employment for employees covered by the agreement are now legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established