Adbri Masonry Pty Ltd

[2014] FWCA 6714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2014/9018)

ADBRI MASONRY CFMEU ENTERPRISE AGREEMENT CAMPBELLFIELD SITE 2014

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Adbri Masonry CFMEU Enterprise Agreement Campbellfield Site 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Adbri Masonry CFMEU Enterprise Agreement Campbellfield Site 2014 (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.

[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 Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 30 September 2014. The nominal expiry date of the Agreement is 1 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Building and Construction Commission, Adbri Masonry Pty Ltd applied for approval of the Adbri Masonry CFMEU Enterprise Agreement Campbellfield Site 2014. The applicant sought approval under section 235 of the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application but raised concerns regarding certain aspects of the agreement.

The primary legal issues before the court were whether the agreement met the criteria for approval under section 235 of the Fair Work Act, and whether any provisions within the agreement contravened the principles of good faith bargaining or were otherwise unfair. The court needed to assess if the agreement was made in good faith and if it contained provisions that were contrary to public policy or not in the best interests of the employees.

The court found that the agreement was made in good faith and that none of the provisions contravened the principles of good faith bargaining. It was also determined that the agreement did not contain any terms that were contrary to public policy or unfair to the employees. The court held that the agreement met all necessary criteria for approval and thus granted the application for approval of the agreement. The decision was made in accordance with the requirements set forth in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established