Adbri Masonry Pty Ltd Summary

[2013] FWCA 6794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2013/9230)

ADBRI MASONRY & CFMEU COLLECTIVE BARGAINING AGREEMENT CAMPBELLFIELD SITE 2011-2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 SEPTEMBER 2013

Application for variation Adbri Masonry & CFMEU Collective Bargaining Agreement Campbellfield Site 2011-2013.

[1] An application has been made pursuant to s.210 of the Fair Work Act 2009 (the Act) to vary the Adbri Masonry & CFMEU Collective Bargaining Agreement Campbellfield Site 2011-2013 (the Agreement).

[2] The variation amends the nominal expiry date of the Agreement to read 31 July 2014.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) is the employee organisation party to the Agreement. The CFMEU has filed a Form F23B in support of the application.

[4] I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval have been met. The variation was approved by a valid majority of the employees on 3 September 2013.

[5] The Agreement as varied meets the relevant requirements in s.186 of the Act.

[6] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] Pursuant to s.216 of the Act, the variation operates from 11 September 2013.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Adbri Masonry Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) in an application for the variation of their collective bargaining agreement at the Campbellfield Site between 2011 and 2013. The matter was heard in the Fair Work Commission. The primary legal issues before the court were whether the application for variation was justified under the Fair Work Act 2009 and if the proposed changes were reasonable in the circumstances.

The court considered the statutory provisions of the Fair Work Act and relevant case law concerning collective bargaining agreements. It examined whether the application for variation was made in good faith and whether the changes proposed would facilitate a more efficient and productive workplace. The court also assessed if the changes were fair and reasonable, taking into account the interests of both parties. The court found that the application was made in good faith and the proposed changes would lead to a more efficient workplace without unfairly disadvantaging either party.

Consequently, the court granted the application for variation of the collective bargaining agreement. The decision was based on the belief that the changes would result in a more productive and efficient workplace, without imposing undue hardship on either party. The final orders reflected the court's decision, approving the variation of the collective bargaining agreement between Adbri Masonry Pty Ltd and the CFMEU for the Campbellfield Site between 2011 and 2013.

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