DECISION

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

Adbri Masonry Pty Ltd
(AG2015/1386)

ADBRI MASONRY PTY LTD NORTH QUEENSLAND ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 8 JULY 2015

Application for approval of the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Adbri Masonry Pty Ltd North Queensland 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 Applicant). 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 relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute regarding the approval of the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2015. The parties to the dispute were the employer, Adbri Masonry Pty Ltd, and the union, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The crux of the disagreement was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the union raised concerns about the fairness and appropriateness of the terms concerning pay rates and conditions for certain employees.

The legal issues before the Commission centred on whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly sections that mandate fairness and the avoidance of adverse effects on employees. The union argued that the agreement did not meet the "better off overall test" and that it contained terms that were detrimental to the employees' interests. The employer, on the other hand, contended that the agreement was fair and appropriate, and it complied with all statutory requirements.

The Commission meticulously reviewed the terms of the agreement, considering the evidence and submissions from both parties. The Commission found that certain terms of the agreement did not meet the legal requirements, specifically those relating to the pay rates and conditions for certain employees. It was determined that the agreement did not pass the better off overall test and contained provisions that were not fair. Consequently, the Commission decided not to approve the enterprise agreement. The decision highlighted the importance of ensuring that enterprise agreements are fair and beneficial to all employees involved.

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