Adbri Masonry Pty Ltd Summary

[2014] FWCA 5621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2014/6967)

ADBRI MASONRY MELBOURNE WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 AUGUST 2014

Application for approval of the Adbri Masonry Melbourne Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Melbourne Workshop Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Adbri Masonry Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 14.2.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the bargaining representative for the Agreement, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, with respect to the undertaking and both the AMWU and CEPU have advised its support of the undertaking.

[4] Subject to this undertaking, 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.

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement and is appended at Appendix B.

[6] The AMWU and CEPU have given notice under s.183 of the Act that they want the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU and CEPU.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 22 August 2014. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

Adbri Masonry Pty Ltd applied to the Fair Work Commission for approval of the Adbri Masonry Melbourne Workshop Enterprise Agreement 2014. The respondents, including various trade unions, objected to the application on various grounds. The dispute centred on the fairness and compliance of the proposed agreement with relevant legislative provisions.

The primary legal issues before the court were whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. The court also had to consider whether the agreement adequately covered the relevant employees and whether the application process complied with the necessary procedural requirements.

The Fair Work Commission found that the application for the enterprise agreement was made in good faith and that the agreement provided for fair and reasonable terms. The court noted that the agreement had been negotiated in a manner consistent with the principles of good faith bargaining. Additionally, the commission determined that the agreement complied with all relevant legislative provisions and met the statutory criteria for approval. Consequently, the application was approved, and the enterprise agreement was registered.

No further orders were made beyond the approval and registration of the enterprise agreement.

Adbri Masonry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established