Adbri Masonry Pty Ltd
[2023] FWCA 2245
•20 JULY 2023
| [2023] FWCA 2245 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Adbri Masonry Pty Ltd
(AG2023/2218)
ADBRI MASONRY PTY LTD AND THE AUSTRALIAN WORKERS UNION – TASMANIA ENTERPRISE AGREEMENT ULVERSTON AND HOBART SITES 2023
| Cement and concrete products | |
| COMMISSIONER LEE | MELBOURNE, 20 JULY 2023 |
Application for approval of the Adbri Masonry Pty Ltd and The Australian Workers Union – Tasmania Enterprise Agreement Ulverstone and Hobart Sites 2023
An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd and The Australian Workers Union – Tasmania Enterprise Agreement Ulverstone and Hobart Sites 2023 (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.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
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) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 7.2 – Public Holidays
· Clause 8.2 – Redundancy
However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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Annexure A
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