DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Adbri Masonry Pty Ltd
(AG2015/3322)

ADBRI MASONRY SA ENTERPRISE AGREEMENT 2015

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 30 JULY 2015

Application for approval of the Adbri Masonry SA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry SA 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 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Adbri Masonry Pty Ltd was the subject of an application before the Fair Work Commission, concerning the approval of the Adbri Masonry SA Enterprise Agreement 2015. The matter was brought before the Commission by the Australian Building and Construction Commission, who sought the approval of the agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment within the agreement, and whether they complied with the relevant statutory provisions.

The primary legal issues before the Commission were whether the terms of the enterprise agreement were procedurally and substantively valid. Procedurally, the Commission had to determine whether the agreement had been made in accordance with the requirements of the Fair Work Act. Substantively, the Commission had to assess whether the terms of the agreement were consistent with the provisions of the Act, including whether they provided for fair and reasonable terms of employment. The Commission also had to consider whether the agreement provided for adequate protections for employees, and whether it complied with relevant industrial instruments.

In delivering its decision, the Commission found that the enterprise agreement was procedurally valid, having been made in accordance with the requirements of the Fair Work Act. However, the Commission found that certain provisions of the agreement were not substantively valid, as they did not provide for fair and reasonable terms of employment. The Commission also found that the agreement did not provide for adequate protections for employees, and that it did not comply with certain relevant industrial instruments. As a result, the Commission refused to approve the enterprise agreement, and made orders requiring Adbri Masonry to make amendments to the agreement in order to bring it into compliance with the Fair Work Act. The Commission also made orders requiring Adbri Masonry to provide certain information to the Commission, in order to facilitate the monitoring of the agreement's compliance with the Act.

Adbri Masonry Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established